1.call to order

You are hereby notified that the Regular Meeting of the

Governing Board of the Centralia School District is called on

Wednesday, April 12, 2017

Centralia School District Board Room located at 6625 La Palma Avenue

Buena Park, California 90620

Open Session: 5:30 p.m.

The Governing Board will recess in Closed Session following open session as needed to consider the following matters:

• Conference with Labor Negotiator, Mr. Robert French, to provide direction regarding negotiations with Centralia Education Association (CEA), California School Employees

Association (CSEA) and Centralia Management Association (CMA) and unrepresented employees; Superintendent/Assistant Superintendents, pursuant to Government Code section

54957.6 and 54954.5

• Conference with Agency Designated Representative Connor Traut, Governing Board Vice

President, regarding negotiations with unrepresented employee; Superintendent, pursuant to

Government Code section 54957.6 and 54954.5

• Public Employee Appointment/Employment/Performance/Evaluation/Discipline/Dismissal/

Release

I n compliance with the Americans with Disabilities Act, should special assistance be required to participate in this meeting, please contact the Superintendent’s office at (714) 228-3131. Notification by noon on Mondays prior to the Board meeting will enable the District to make reasonable arrangements to assure accessibility to this meeting. Please turn all cellular telephones and electronic devices to silent mode during the meeting.

Norma E. Martinez

Superintendent

Agenda for the Regular Board Meeting of April 12, 2017 (continued)

AGENDA

April 12, 2017 Open Session: 5:30 p.m. Centralia School District

Mission Statement: Centralia School District is committed to meeting the diverse educational needs of all students and creating lifelong learners, by providing exceptional staff and opportunities for family and community involvement in a safe and nurturing environment.

CALL TO ORDER

__________________

PLEDGE OF ALLEGIANCE __________________

ROLL CALL

____ Mr. Henry Charoen

____ Mrs. Elizabeth Gonzalez

____ Mr. Steve Harris

____ Mr. Art Montez

____ Mr. Connor Traut

SCHOOL PRESENTATION

Presentation from Los Coyotes School

PUBLIC COMMENT

Members of the audience wishing to address the Board on any topic, including any item on the agenda, are invited to do so at this time. Members may request at this time to make their comments when the item of interest is discussed during the Board meeting. All speakers wishing to address the

Board are invited to complete a Public Input Card in advance and present it to the Secretary of the

Board, or simply raise a hand when the Board President asks for members of the public wishing to speak. All speakers are to wait until the Board President recognizes them before making any statements. Each speaker is allocated a maximum of three minutes. The Board reserves the right to limit the time on any single agenda item in consideration of conducting the business of the entire agenda. Board action may not legally be taken on any item not specifically listed on the agenda, however, the Board may ask that such items be placed on the next agenda for consideration.

Testimony is not protected from damage claims for libel. Public charges or allegations may result in

legal action.

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Agenda for the Regular Board Meeting of April 12, 2017 (continued)

APPROVAL OF AGENDA

Action: Approval of Board Agenda as submitted. Note: The Governing Board may approve changes to the agenda as recommended by the Superintendent and/or Board members.

Motion: _____ Second:_____ Vote:_____

APPROVAL OF MINUTES

Action: Approval of the Minutes of the Regular Board meeting of March 8, 2017 and the Special

Board Study Session of March 17, 2017.

Motion: _____ Second:_____ Vote:_____

PRIORITY DISCUSSION

The following items will be addressed under Priority Discussion:

5.1 Information: Measure N - Update

Presentation regarding Measure N Projects including action items (5.2 – 5.5)

Motion: _____ Second: _____ Vote: ____

4.1 Action: AB 1200 Requirement – Agreement with Classified Bargaining Unit

Authorize certification

Motion: _____ Second: _____ Vote: ____

6.3 Action: District/CSEA Tentative Agreement

Approve the tentative agreement of the Centralia School District and the California

School Employees Association

Motion: _____ Second:_____ Vote:____

SUPERINTENDENT’S REPORT

Information: The Superintendent will share District communications from individuals and/or organizations regarding District programs and services.

LEGISLATIVE REPORT

Information: The Superintendent and members of the Superintendent’s Cabinet will provide information relative to education legislation and budget.

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Agenda for the Regular Board Meeting of April 12, 2017 (continued)

1.0 CONSENT CALENDAR

Action: Items on the Consent Calendar are those on which the Governing Board has deliberated previously or which can be classified as routine items of business for the school district. Therefore, no separate discussion is scheduled on these items prior to voting. All

Consent Calendar items will be acted upon by one motion affirming the action recommended on the agenda.

Motion: _____ Second:_____ Vote:_____

1.1 Gifts to District

Accept donations to the District

1.2 Financial Reports

Approve General, Cafeteria and Child Development Fund Reports

1.3 Purchase Orders and Checks

Accept purchase orders and checks

1.4 Vision and Hearing Screening Services – Southern California Sensory Screening

Authorize 2017/18 agreement

1.5 Lego Robotics – Orange County Department of Education

Authorize contract for platform and services

2.0 STAKEHOLDER ENGAGEMENT

Board Goal: Actively engage all District Stakeholders through ongoing communication

LCAP Goal 3: Engagement – Engage parents, staff, community to promote stellar educational opportunities for all students within an inspirational environment.

2.1

Report: Parent Organizations: Parent/Teacher Association (PTA), Parent/Teacher/Student

Organization (PTSO), School Site Council/English Learner Advisory Committee (ELAC)

2.2

Report: Centralia Education Association (CEA)

2.3

Report: California School Employees Association, Chapter #136 (CSEA)

2.4

Report: Centralia Management Association (CMA)

3.0 STUDENT ACHIEVEMENT

Board Goal: Foster an environment that allows students to meet/exceed state and federal academic standards and addresses the requirements of Common Core

-4-

Agenda for the Regular Board Meeting of April 12, 2017 (continued)

LCAP Goal 2: Pupil Outcomes – Ensure all students, including ELs and other identified subgroups demonstrate academic growth and proficiency to leave each grade meeting or exceeding standards to prepare all students for their journey toward college and career readiness.

4.0 ACCOUNTABILITY

Board Goal: Maximize District resources to ensure fiscal solvency and quality instruction

LCAP Goal 1: Conditions for Learning - Align student learning to state-adopted standards supported by appropriately prepared teachers, materials, instruction and technology in a safe and clean environment to promote exemplary teaching and learning.

4.1 Action: AB 1200 Requirement – Agreement with Classified Bargaining Unit

Authorize certification

Motion: _____ Second: _____ Vote: ____

4.2 Information: 2016/17 LCAP Survey Results

Staff will present information on the LCAP Survey Results

5.0

FACILITIES/ENVIRONMENT/SAFETY

Board Goal: Maintain a welcoming, safe and healthy environment for all

LCAP Goal 1: Conditions for Learning - Align student learning to state-adopted standards supported by appropriately prepared teachers, materials, instruction and technology in a safe and clean environment to promote exemplary teaching and learning.

5.1 Information: Measure N - Update

Presentation regarding Measure N Projects including action items (5.2 – 5.5)

Motion: _____ Second: _____ Vote: ____

5.2 Action: Central Kitchen Project

Approve development of a master plan for Central Kitchen Modernization

Motion: _____ Second: _____ Vote: ____

5.3 Action: Project Accounting Software – Colbi Technologies

Authorize contract for accounting software related to Measure N

Motion: _____ Second: _____ Vote: ____

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Agenda for the Regular Board Meeting of April 12, 2017 (continued)

5.4 Action: Maintenance and Construction Unit Price Bid – M.P. South

Authorize contract for construction services

Motion: _____ Second: _____ Vote: ____

5.5 Action: Architectural Services for Centralia School Modernization – PBK Architecture

Authorize contract for architectural services for modernization related to Measure N

Motion: _____ Second: _____ Vote: ____

5.6 Information: Quarterly Report on Williams Uniform Complaints

Report for Quarter #3 (January 1 – March 31, 2017)

6.0 HUMAN RESOURCES

Board Goal: Hire and maintain highly qualified and appropriately assigned personnel who are invested in student success

LCAP Goal 1: Conditions for Learning - Align student learning to state-adopted standards supported by appropriately prepared teachers, materials, instruction and technology in a safe and clean environment to promote exemplary teaching and learning.

6.1 Action: Certificated Personnel

Ratification and approval of the employment, reclassifications, leaves of absence, terminations, resignations, job descriptions and employment contracts

Motion: _____ Second: _____ Vote: ____

6.2 Action: Classified Personnel

Ratification and approval of the employment, reclassifications, leaves of absence, terminations, resignations, job descriptions and employment contracts

Motion: _____ Second: _____ Vote: ____

6.3 Action: District/CSEA Tentative Agreement

Approve the tentative agreement of the Centralia School District and the California

School Employees Association

Motion: _____ Second:_____ Vote:____

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Agenda for the Regular Board Meeting of April 12, 2017 (continued)

6.4 Action: Management Team Salary Schedule

Approve the salary schedule for Certificated Management, Classified Management

and Confidential Employees

Motion: _____ Second: _____ Vote: ____

6.5 Action: Superintendent’s Contract

Approve contract with Superintendent effective through June 30, 2020.

Motion: _____ Second:_____ Vote:____

7.0

GOVERNANCE TEAM ISSUES/PLANNING

The Governing Board will approve Board Policies, discuss meeting guidelines, master

calendar, future planning and general activities as noted on the Communications Board and present reports as follows:

7.1 Action: Board Policies, Administrative Regulations, Board Bylaws – First Reading

Updated Board Policies, Administrative Regulations, and Board Bylaws will be provided to the Governing Board for review and approval of First Reading

Motion: _____ Second:_____ Vote:____

Board Reports:

Mr. Charoen: PAGE Committee; Facilities Committee, Alt.

Mrs. Gonzalez: PAGE Committee; Nominating Committee; Audit Committee,

Alt.; Centralia Community Collaborative, Alt.

Mr. Harris: PAGE Committee; GASELPA; Centralia Education Foundation;

Interdistrict Transfer Appeals Panel; Centralia Community Collaborative;

Nominating Committee, Alt.

Mr. Traut

Mr. Montez:

PAGE Committee; Centralia Education Foundation, Alt.; GASELPA, Alt.

Interdistrict Transfer Appeals Panel, Alt.

PAGE Committee; Audit Committee; Facilities Committee

RECESS TO CLOSED SESSION Time: ______________

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Agenda for the Regular Board Meeting of April 12, 2017 (continued)

The Governing Board will recess in Closed Session prior to and following open session as needed to consider the following matters:

• Conference with Labor Negotiator, Mr. Robert French, to provide direction regarding negotiations with Centralia Education Association (CEA), California School Employees

Association (CSEA) and Centralia Management Association (CMA) and unrepresented employees; Superintendent/Assistant Superintendents, pursuant to Government Code section

54957.6 and 54954.5

• Conference with Agency Designated Representative Connor Traut, Governing Board Vice

President, regarding negotiations with unrepresented employee; Superintendent, pursuant to

Government Code section 54957.6 and 54954.5

• Public Employee Appointment/Employment/Performance/Evaluation/Discipline/Dismissal/

Release

RESUME OPEN SESSION

REPORT OUT FROM CLOSED SESSION

The Board President will report out from closed session as appropriate.

Time: ____________

ADJOURNMENT

Regular Board Meeting: May 10, 2017

NM:rmc

Time: ____________

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CENTRALIA SCHOOL DISTRICT

Minutes of the Regular Meeting of the

Board of Trustees

Administrative Center

6625 La Palma Avenue

Buena Park, California

March 8, 2017

Call to Order

Pledge of Allegiance

Mr. Montez called the meeting to order at 5:32 p.m.

San Marino School Student, Miss Hailey Martinez led the pledge of allegiance.

Members Present:

Members Absent:

School Presentation

Public Comment:

Approval of Agenda

Approval of Minutes

Mr. Charoen, Mrs. Gonzalez, Mr. Harris, Mr. Montez, Mr. Traut

None

Dr. Omaira Lee, Principal of San Marino School, introduced and thanked

Community Partner and Manager of the local 7 Eleven, Mr. Paulsen. She also thanked and introduced members of PTA, School Study Team, and teachers. Dr. Lee provided the Board with parent involvement activities and introduced students from San Marino School, who made a presentation to the Board on PBIS and other programs at the school.

Mr. Rob French introduced and congratulated Miller School teacher, Lori

Marcoly, as Centralia School District Teacher of the Year.

Moved by Mr. Traut, seconded by Mr. Harris and carried unanimously that the agenda be approved with the following modifications:

6.2 – Remove the job description for the Database Specialist

6.1 – Split item into two votes; one for the approval of

employment of substitute teachers due to a conflict of interest for him, and the other vote for the remainder of the item.

Moved by Mr. Traut, seconded by Mr. Charoen and carried unanimously that the minutes of the Regular Board meeting of February 8, 2017 be approved as submitted.

There were no priority items.

Priority Discussion

Superintendent’s Report Ms. Martinez made a presentation to the Board sharing good news and happenings in the Centralia School District, including a Hero Award presentation to substitute teacher, Mr. Thomas Poe by Mr. French.

Legislative Report There was no legislative report.

1

Minutes of the Regular Meeting of March 8, 2017 (continued)

1.0 Consent Calendar Action: Moved by Mr. Traut, seconded by Mr. Charoen, and carried

unanimously that the Governing Board approve Consent Calendar items to:

1.1 Gifts to District - accept the following donations:

Centralia School o

$500 from Hugh MacInnes for annual third grade rocket launch supplies

Danbrook School o

$300 from Edison International “YourCause” for instructional materials for Ms. Malchak’s class

Miller School o

$200 from Buena Park Noon Lions Club for special education manipulative and instructional supplies for Ms.

Martinez’s class

Los Coyotes School o

$248 from Box Tops for Education for instructional materials

Raymond Temple School $500 from Buena Park Noon Lions

Club for instructional materials

o

$4,008.80 from PTA cookie dough fundraiser for sixth grade activities

o

$70 from Wells Fargo Community Support Campaign for instructional materials

Neighborhood Resource Center for Families in Need o

Seven ink cartridges from Barbara Dennison

o

New diaper bag from Amruta Singh

o

Used children’s apparel and toys from Lisa Ashton

o

Used baby clothing from Cristina Sanchez

1.2 Financial Report - approve the following financial reports for

January 2017:

General Fund report

Cafeteria Fund report

Child Development Fund report

1.3 Purchase Orders and Checks – ratify purchase orders and checks

issued in accordance with the District’s Purchasing Policy and that

2

Minutes of the Regular Meeting of March 8, 2017 (continued)

purchase orders to be approved and payment authorized upon delivery and acceptances of items ordered:

January 12054764 through 12055012

1.4 Transportation Services – Orange County School Districts –

authorize an agreement with Orange County school districts for reciprocal student transportation services effective July 1, 2107 through June 30, 2022.

1.5 Student Teaching – California State University Northridge –

authorize an ongoing student teaching agreement with California

State University Northridge effective March 9, 2017 at no cost to the

District.

1.6 Student Teaching – California State University Long Beach –

authorize a student fieldwork agreement with California State

University Long Beach for the social worker program effective July

1, 2017 through June 30, 2022 at no cost to the District.

1.7 Student Teaching – California State University Dominguez Hills –

authorize a student teaching agreement with California State

University Dominguez Hills effective March 1, 2017 through

February 28, 2019 at no cost to the District.

1.8 Mobile Vision Clinic – Regents of the University of California

Irvine – authorize an agreement for mobile vision services with the

Regents of the University of California Irvine (UCI) effective March

9, 2017 through June 30, 2017 at no cost to the District.

1.9 Parent Education – Disciplina Positiva – authorize an agreement

with Disciplina Positiva to provide parenting classes effective

February 21 through April 4, 2017 for an amount not to exceed

$4,000 funded by Danbrook School Title I budget

01.212.03.03.4310.

1.10 Speech and Language Services – Soliant Health – authorize an

increase of $50,864 to the 2016/17 nonpublic agency agreement with Soliant Health to provide speech/language therapy and assessments funded by special education budget 01.142.50.60.5801.

A second speech therapist has been contracted thereby increasing the cost from $130,944 to $181,808.

2.0 Stakeholder Engagement

2.1 Report: Parent Organizations - Parent/Teacher Association (PTA) and Parent/Teacher/Student Organization (PTSO), English Learner

Advisory Committee (ELAC) – PTA member, Mrs. Gina Jankovich shared information with the Board from San Marino School.

3

Minutes of the Regular Meeting of March 8, 2017 (continued)

2.2 Report: Centralia Education Association (CEA)

CEA President, Ms. Lisa Tharp, addressed the Board on behalf of

CEA and shared the following:

• In addition to classroom teaching, teachers have completed

Benchmark testing and Report cards

• Looking forward to spring break

• Teachers will begin test preparation and review

• Teachers appreciate working with our school PTAs

• Teachers enjoyed Read Across America and thanked Board members and staff for participating at schools

2.3 Report: California School Employees Association, Chapter #136

(CSEA): President, Mr. Mitch Ramsey, addressed the Board on behalf of CSEA and shared the following:

• Classified staff members are busy

• Happy to see the new playgrounds at schools

• Look forward to setting a meeting date to complete negotiations

• Thanked Cabinet for inviting some Classified Employees to participate in the upcoming Paraeducators’ Conference.

President Montez thanked staff for the care and maintenance of our schools and keeping them in good condition.

2.4 Report: Centralia Management Association (CMA)

CMA President, Mrs. Ruth Ann McMillen, addressed the Board on behalf of CMA and shared the following information:

• Thanked schools for the invitation to staff to participate in

Read Across America activities.

• Congratulated and thanked Dr. Martinez-Poulin for being named the ACSA Region 17 Curriculum, Instruction and

Accountability Council Representative, serving 2 ½ years. In this role she will be the voice for our region in policy development and provide input on new legislative policies and guidelines.

• Our eight Principals spent the weekend reviewing report cards for our 4,433 students (that’s about 554 report cards each)

• Thanked Mr. Rob French who will be representing CMA in

Sacramento at Legislative Action Day on April 3 rd

.

• Congratulated ACSA Region 17 Confidential Employee of the

Year, Mrs. Carla Nossett and Classified Leader of the Year,

Ms. Susie Estrada. These are very competitive nominations, and it is a testament to our leadership to have two people from our small elementary school district receive awards out of the

4

Minutes of the Regular Meeting of March 8, 2017 (continued) entire region. Extended an invitation to Board members to attend a dinner for all honorees on May 8 th

.

Mr. Montez thanked all employee groups for the quality of their work on behalf of the Governing Board.

3.0 Student Achievement

3.1 Information: Local Control Accountability Plan (LCAP) Update –

Goal 3 – Engagement

Staff provided a presentation on Engagement Outcomes including the implementation of programs, new systems for student, parent and staff engagement, and answered questions posed by Trustees.

3.2 Action: LCAP Survey Support Proposal – Orange County

Department of Education

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board accept a proposal from

Orange County Department of Education for Local Control

Accountability Plan (LCAP) Survey support services at a one-time cost of $5,000 funded by LCAP budget 01.001.50.65.5802.

4.0 Accountability

4.1 Action: Fiscal Certification and Second Interim Report

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board approve a positive certification based upon current projections that the District will be able to meet its financial obligations in subsequent fiscal years.

4.2 Action: License Agreement – City of Buena Park

Moved by Mr. Traut, seconded by Mrs. Gonzalez, and carried

unanimously that the Governing Board authorize a License

Agreement with the City of Buena Park for partial use of the Walter

Knott Education Center (WKEC) for a term of two years at the rate

of $5,000 per month, which includes utility costs.

4.3 Action: Website and Communication Services - Edlio

Moved by Mr. Traut, seconded by Mr. Charoen and carried unanimously that the Governing Board authorize a contract for website and communication services for the District and school websites with Edlio effective March 9, 2017 for a cost of $11,700 for the first year and $8,700 for the following two years of a three-year contract, funded by Technology budget 01.883.99.80.5810.

Recess

President Montez called recess at 7:46 p.m. and reconvened the meeting at 7:56 p.m.

5

Minutes of the Regular Meeting of March 8, 2017 (continued)

5.0 Facilities/Environment/Safety

5.1 Information: Measure N Update

Mr. Scott Martin presented the Board with an update on projects related to the District’s Bond Program (Measure N) and answered questions posed by the Governing Board.

Mr. Montez requested that a discussion of Measure N projects be agendized for the March 17, 2017 Board Study Session.

5.2 Action: Shade Structures and Lunch Shelters

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board authorize the purchase of

Division of State Architect pre-approved metal top lunch shelters and fabric top shade structures utilizing Colton Joint Unified School

District Bid #15-04 for lunch shelter/shade structure projects for an amount not to exceed $300,000 each funded by Measure N Bond funds.

5.3 Action: Synthetic Turf, Sports Flooring and Landscaping Materials

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board authorize the purchase of outdoor rubber surfacing, sports flooring, and landscaping materials utilizing Wiseburn School District Bid #2 for Districtwide modernization projects funded by Measure N Bond funds.

5.4 Action: School and Office Furnishings and Accessories

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board authorize the purchase of school office furnishings and accessories utilizing Hawthorne

School District Bid #13/14-1 for 21 st

Century classroom and innovation lab projects, funded by Measure N Bond funds.

5.5 Action: Prequalified Geotechnical Firms

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board approve the following list of prequalified geotechnical testing and inspection service firms:

• Koury Engineering & Testing, Inc.

• Associated Soils Engineering, Inc.

• Global Geo-Engineering

• Smith-Emery Laboratories

• SPC Geotechnical, Inc.

6

Minutes of the Regular Meeting of March 8, 2017 (continued)

5.6 Action: Architectural Services for Shade Structures and Lunch

Shelters – Ghataode Bannon Architects

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board award a contract to

Ghataode Bannon Architects (GBA) a firm on the District’s List of

Prequalified Architectural firms, to provide architectural services to complete the Lunch Shelter/Shade Structure Projects at Buena

Terra, Dysinger, Raymond Temple, and San Marino Schools funded by Measure N Bond funds with a current overall project cost estimate of $1,379,965 with the Architect’s fee at a stepped percentage of the project’s hard cost, adjusted to reflect updated or actual costs as the project proceeds, based on the current estimate, with an initial fee of $96,250, plus a $10,000 budget for District approved reimbursable expenses.

5.7 Action: Architectural Services for Office Remodel Projects –

Ghataode Bannon Architects

Moved by Mr. Traut, seconded by Mr. Charoen, and carried with a vote of 4 – 1 with Mr. Harris dissenting, that the Governing Board table this item until the Board Study Session on March 17, 2017.

5.8 Action: Geotechnical Services for Lunch Shelters and Shade

Structures – Associated Soils Engineering

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board award a contract to

Associated Soils Engineering to provide geotechnical testing services required to garner Division of State Architect (DSA) approval of Lunch Shelter and Shade Structure Projects at Buena

Terra, Dysinger, Raymond Temple, and San Marino Schools for an amount not to exceed $15,950 plus a reimbursable expense budget of $500 to be funded by Measure N Bond funds.

5.9 Action: Facilities Information Management Services – ARC

Technology Solutions

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board accept a proposal from ARC

Technology Solutions to provide cloud-based scanning and document management services effective March 9, 2017 for an amount not to exceed $14,600 funded by Special Reserve Fund

40.560.99.99.6210.

7

Minutes of the Regular Meeting of March 8, 2017 (continued)

5.10 Action: Network Electronic, Cabling and Software – Vector USA

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board award the bid and authorize a contract with Vector USA for 2017/18 network equipment and installation for a new network firewall per guidelines established through the E-Rate program of the Schools and Libraries Division

(SLD), with the cost for all items and services at approximately

$67,456.22 at an anticipated amount of $13,491.25 after the estimated 80% E-Rate discount is applied and the purchase of noneligible E-Rate items and services included, funded by General

Fund Technology budget 01.883.99.99.6490, with a contract to be implemented after the District has received funding notification for

E-Rate Year 20, with a Letter of Intent sent to Vector USA following

Board approval and conditional upon receiving E-Rate Year 20 funding authorization.

5.11 Action: Digital Transmission – AT&T

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board award the bid and authorize a contract with AT&T for High Speed Wide Area Network (WAN)

Services per guidelines established through the E-Rate program of the Schools and Libraries Division (SLD) with the monthly recurring cost before E-Rate and California Teleconnect Fund

(CTF) discounts at approximately $11,178.42 and, after the estimated 80% E-Rate and CTF discounts applied, an anticipated

District portion of $2,235.68 per month, funded by General Fund

Telephone Budget 01.533.99.99.5540.

5.12 Action: Managed Print Services – MRC

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board authorize a contract for managed print services for Buena Terra and San Marino Schools with MRC for a cost not to exceed $340 per month per school effective April 1, 2017 through March 31, 2018, funded by site technology budgets 01.883.01.01.5645 and 01.883.08.08.5645.

5.13 Information: CSBA Guidance for Equal Access and Confidentiality of Student Information

Staff provided a presentation regarding the California School

Boards Association (CSBA) guidance on providing all children equal access to education regardless of immigration status, as well as, Centralia School District’s procedures in collecting and maintaining the confidentiality of student information and answered questions posed by Board members.

8

Minutes of the Regular Meeting of March 8, 2017 (continued)

Mr. Montez asked to be provided with Board Policy that ensures the security of student records

6.0 Human Resources

6.1 Action: Certificated Personnel

Moved by Mr. Harris, seconded by Mrs. Gonzalez, and carried with a vote of 4-0-1 with Mr. Traut abstaining, that the Governing

Board:

• approve/ratify the employment of the following substitute teachers for the 2016/17 school year on an as needed basis:

Lina Orsini

Nicole Pak

Christine Goff effective 02/09/17 effective 02/15/17 effective 02/17/17

Cindy Mariscal

Connor Yarbrough effective 02/21/17 effective 02/21/17

Jordan Warner effective 02/21/17

Moved by Mrs. Gonzalez, seconded by Mr. Harris, and carried

unanimously that the Governing Board approve/ratify the extra duty assignments for certificated staff to attend the California

English Language Development Test (CELDT) English Language

Proficiency Assessments for California (CELDT/ELPAC) training on February 8, 2017 and paid a rate of $38.69 per hour not to exceed 3 hours each funded by the General Fund as approved in

LCAP budget 01.004.00.51.1120, a budgeted expense.

Amy Edmundson Larissa Hughes Karen Kim

• approve/ratify the extra duty assignment for Karen Kim,

Certificated Intervention Specialist to monitor the after school

Reading Intervention Academy at Miller School from March 9 through April 5, 2017 at a rate of $39.46 per hour not to exceed

10 hours funded by the General Fund budget 01.112.07.07.1120.

This is a budgeted expense.

• approve/ratify the extra duty assignments for the following certificated staff to provide after school Math and English

Language Arts (ELA) Intervention at San Marino School from

February 14 through March 31, 2017 at a rate of $39.46 per hour not to exceed 20 hours each funded by the Title 1 budget

01.212.08.08.1120. This is a budgeted expense.

Jane Ahn Cyndie Bell

9

Minutes of the Regular Meeting of March 8, 2017 (continued)

Vivian Martin

Kerry Mills

Lori McCaslin

• approve/ratify the extra duty assignments for the following certificated staff to provide after school Math and English

Language Arts (ELA) Intervention at San Marino School from

February 14 through March 31, 2017 at a rate of $39.46 per hour not to exceed 10 hours each funded by the Title 1 budget

01.212.08.08.1120. This is a budgeted expense.

Lori Cody

Wendy Turansky

Tambra Emery-Young

• approve/ratify the extra duty assignments for the following certificated staff to attend training on McGraw-Hill Math program for new teachers to the District, on March 22-23, 2017 at a rate of

$39.46 per hour not to exceed four hours each funded by the

Educator Effectiveness budget 01.346.50.65.1120. This is a budgeted expense.

Jasmine Barragan

Carly Flibbert

Heidi Kim

Sara Dunlop

Lia Gray

Janise Lewis

• approve/ratify the extra duty assignments for certificated staff to provide after school Science, Technology, Engineering and

Mathematics (STEM) Enrichment from January 1 through May

31, 2017 and paid a rate of $38.69/$39.46 per hour not to exceed six hours each funded by the General Fund as approved in LCAP budget 01.004.50.65.1120. This is a budgeted expense.

Jim Crowley

Tracey Heidner

Theresa Ogawa

Pat Luft

Noel Pickler

Kelly Calvert

Arianne Pascual

Todd Hackett

Carmen Conferti

Jennifer Faulhaber

Denise Vanden Raadt

Kari White

Barbara Gray

• approve/ratify the Superintendent’s acceptance of a letter of retirement from the following certificated personnel:

Susanne Seiden, DHH Teacher

Roxanne Grosso, General Ed. Teacher

Linda Lothamer, General Ed. Teacher effective 05/26/17 effective 06/01/17 effective 06/30/17

10

Minutes of the Regular Meeting of March 8, 2017 (continued)

6.2 Action: Classified Personnel

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board:

• approve/ratify the employment of the following classified personnel for the 2016/17 school year on an as needed basis at a rate of $16.44 per hour, funded by Special Education budget

01.122.50.60.2130. This is a budgeted position

Kathryn Nguyen, Substitute Special Ed. I.A. effective 01/30/17

Alexandra Pangle, Substitute Special Ed. I.A. effective 01/30/17

Holly Braden, Substitute Special Ed. I.A. effective 01/30/17

• approve/ratify the employment of the following classified personnel, new positions due to a new program, funded by Child

Development budget 12.391.50.75.2912. The cost is approximately $8,635 each including statutory benefits. These are budgeted positions.

Veronica Mata, Preschool Assistant

Sarali Chin, Preschool Assistant effective 12/19/16 effective 12/19/16

• approve/ratify the employment of the following classified personnel, due to a transfer, funded by Maintenance and

Operations budget 01.534.99.20.2212. The cost is approximately $52,709 including statutory benefits. This is a budgeted expense

Lorena Barragan, Custodian effective 01/30/17

• approve/ratify the employment of the following classified personnel, due to a promotion, funded by Maintenance and

Operations budget 01.534.99.20.2212. The cost is approximately $52,709 including statutory benefits. This is a budgeted expense

Julio Valdez, Custodian effective 01/30/17

• approve/ratify the employment of the following classified personnel, due to a transfer, funded by Maintenance and

Operations budget 01.534.99.20.2212. The cost is approximately $59,832 including statutory benefits. This is a budgeted expense

Nathaniel Aguilar, Custodian effective 02/13/17

11

Minutes of the Regular Meeting of March 8, 2017 (continued)

• approve/ratify the employment of the following classified personnel, due to promotions, funded by Food Services budget

13.606.04.70.2250. The cost is approximately $56,817 each including statutory benefits. This is a budgeted expense.

Priscilla Flores, Food Service Assistant III effective 01/30/17

Paul Ngo, Food Service Assistant III effective 01/30/17

• approve/ratify the employment of the following classified personnel, due to a resignation, funded by Special Education budget 01.122.03.60.2110. The cost is approximately $14,355 including statutory benefits. This is a budgeted expense.

Emily Parker, Special Education I.A. effective 02/06/17

• approve/ratify the employment of the following classified personnel, due to a resignation, funded by Special Education budget 01.130.01.60.2110. The cost is approximately $16,733 including statutory benefits. This is a budgeted expense.

Heather Huber, Resource Specialist Assistant effective 02/16/17

• approve/ratify the extra duty assignment for the following classified staff to provide after school homework assistance and keyboarding/typing support at Centralia School from January 30

– April 20, 2017 and paid at their regular rate of pay not to exceed 6 hours per week each funded by Title I budget

01.212.02.02.2120. This is a budgeted expense.

Silvia Ardon

Tammy Ridal

• approve/ratify the extra duty assignment for Leticia Gutierrez,

Clerical Specialist I-Bilingual, to assist with the close out of the

Danbrook School office, from May 30 through June 2, 2017 and paid at her regular rate of pay not to exceed 32 hours funded by

Title I budget 01.212.03.03.2420. This is a budgeted expense.

• approve/ratify the extra duty assignment for Leticia Gutierrez,

Clerical Specialist I-Bilingual, to assist with the opening of the

Danbrook School office, from July 27 through August 8, 2017 and paid at her regular rate of pay not to exceed 72 hours funded by Title I budget 01.212.03.03.2420. This is a budgeted expense.

12

Minutes of the Regular Meeting of March 8, 2017 (continued)

• approve the attached job descriptions, contingent upon pending negotiations with California School Employees Association

(CSEA), Chapter 136 with the extent required by law:

• Risk and Safety Specialist – Confidential Position (New)

• approve/ratify the Superintendent’s acceptance of a letter of resignation from the following classified personnel:

Gabriel Coello, Utility Person/Custodian effective 02/09/17

• approve/ratify the Superintendent’s acceptance of letters of retirement from the following classified personnel:

Melody Aardema, Bus Driver

Martha Hoover, Food Services Assistant effective 03/20/17

effective 05/26/17

6.3 Resolution #1554 Classified Management Layoff/Reduction of

Hours

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board adopt Resolution #1554 authorizing layoff/reduction of hours for the following:

Human Resources Clerk (Confidential – 12 months, 8 hours)

6.4 Action: Professional Development – Governance Consulting

Services

Moved by Mr. Harris, seconded by Mrs. Gonzalez, and carried unanimously that the Governing Board authorize an agreement with the Governance Consulting Services (California School

Boards Association) for professional development services effective

March 9, 2017 through June 30, 2017 for an amount not to exceed

$2,000 funded by Conference and Meetings budget 01.531.50.35.

5210.

7.0 Governance Team Issues/Planning

7.1 Action: CSBA Region 15 Delegate Assembly

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board cast its ballot for the following nominees for election to the CSBA Delegate Assembly for

Region 15:

13

Minutes of the Regular Meeting of March 8, 2017 (continued)

Carrie Buck (Placentia-Yorba Linda USD)

Bonnie Castrey (Huntington Beach UHSD)*

Jeff Cole (Anaheim ESD)*

Ian Collins (Fountain Valley SD)*

Karin M. Freeman (Placentia-Yorba Linda USD)*

Al Jabbar (Anaheim UHSD)

Shari Kowalke (Huntington Beach City SD)

7.2 Action: Board Study Session – March 17, 2017

Moved by Mr. Traut, seconded by Mr. Charoen, and carried unanimously that the Governing Board set a Special Board Study

Session for Friday, March 17, 2017.

7.3 Information: Highlight Board Bylaw, Board Policy and/or

Administrative Regulation

The Superintendent highlighted Board Bylaw BB 9200 –

Limits of Board Member Authority with the Governing Board.

Board Reports

Individual Board reports were carried over to the next regular Board meeting.

Recess to Closed Session:

Mr. Montez called a recess to Closed Session at 9:51 p.m. to conference with

Labor Negotiator, Mr. Robert French, to provide direction regarding negotiations with Centralia Education Association (CEA), California School Employees

Association (CSEA) and Centralia Management Association (CMA) and unrepresented employees; Superintendent/ Assistant Superintendents, pursuant to Government Code section 54957.6 and 54954.5; Public Employee

Appointment/Employment/Performance/ Evaluation/ Discipline/Dismissal/

Release; Public Employee Appointment/Employment/Performance/Evaluation/

Discipline/Dismissal/ Release – Mid-Year Evaluation Superintendent

Reconvene/Report Out

There was no reporting out.

Adjournment Mr. Montez adjourned the meeting at 10:40 p.m.

____________________________________

Norma E. Martinez, Superintendent

Secretary to the Board

NEXT MEETING:

Special Board Study Session: March 17, 2017

Regular Board Meeting: April 12, 2017

14

Call to Order

Pledge of Allegiance

Members Present:

Members Absent:

Public Comment:

CENTRALIA SCHOOL DISTRICT

Minutes of the Special Board Study Session of the

Board of Trustees

Administrative Center

6625 La Palma Avenue

Buena Park, California

March 17, 2017

Mr. Montez called the meeting to order at 9:10 a.m.

Mr. Harris led the Pledge of Allegiance.

Mrs. Gonzalez, Mr. Harris, Mr. Montez, Mr. Traut

Mr. Charoen arrived at 9:20 a.m.

None

No one addressed the Board.

1.0 Governance Team Issues/Planning

1.1 Professional Development

Mr. Steve Lamb from Governance Consulting Services led a professional development workshop including the areas of Unity of Purpose, Roles and Responsibilities, Norms and

Protocols.

Recess: Mr. Montez called a recess at 10:30 a.m. and reconvened the meeting at 10:45 a.m.

Mr. Montez called a recess at 11:55 a.m. and reconvened the meeting at 12:35 p.m.

Mr. Montez called a recess at 2:05 p.m. and reconvened the meeting at 2:15 p.m.

Mr. Montez called a recess at 2:55 p.m. and reconvened the meeting at 3:10 p.m.

2.0 Accountability

2.1 Measure N – Project Manager and Financial Advisor Update

District Financial Advisor Mr. Tim Carty from Piper Jaffray & Company reviewed bond financing options and answered questions posed by Board members.

District Project Manager Ms. Lynne Pentecost from Schoolhaus Advisors presented information about the bond program projects, phases, timelines and related costs and answered questions posed by Board members.

The Governing Board directed the Superintendent to move forward with Bond Projects utilizing a maximum issuance of $23,500,000 in Summer 2017, with the last issuance scheduled for Fall

2026.

Mr. Charoen left the meeting at 5:00 p.m.

1

Minutes of the Special Board Study Session of March 17, 2017 (continued)

2.2 Architectural Services - School Office Remodel Projects – Ghataode Bannon Architects –

Measure N

Moved by Mr. Traut, seconded by Mrs. Gonzalez and carried with a vote of 4-0 with Mr.

Charoen not present for the vote, that the Governing Board award a contract to Ghataode

Bannon Architects (GBA), currently on the District’s List of Prequalified Architectural Firms, to provide architectural services to complete School Office Remodel Projects at Buena Terra,

Danbrook, Dysinger, Miller, and Raymond Temple Schools funded by Measure N Bond funds, at the current overall project cost estimate of $5,915,541 with the Architect’s fee a stepped percentage of the project’s hard cost, adjusted to reflect updated or actual costs as the project proceeds, based on the current estimate initial fee of $450,040, plus a $10,000 budget for District approved reimbursable expenses.

Adjournment

Mr. Montez adjourned the meeting at 5:09 p.m.

NEXT MEETING:

Regular Board Meeting: April 12, 2017

____________________________________

Norma E. Martinez, Superintendent

Secretary to the Board

2

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

DATE:

SUBJECT:

April 12, 2017

Gifts to District

Recommendation

It is recommended that the Governing Board accept the following donations:

Raymond Temple School

- $60 from Wells Fargo Community Support Campaign for instructional materials

Dysinger School

- $29.43 from CES for instructional supplies

San Marino School

- Two TV displays from Vizio for media lab

Neighborhood Resource Center for Families in Need

- Fourteen cartons of Pediasure Vanilla Milk from Olivia Swinth

- Gift basket for the Latino Literacy Class Family Fun Event raffle from Susan Frias

- Formula and diaper rash cream from Amruta Singh

SRM:cwn

1.1

CENTRALIA SCHOOL DISTRICT

TO: Governing Board

FROM: Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT: Financial Reports

Recommendation

It is recommended that the Governing Board approve the following financial reports:

February

• General Fund report

• Cafeteria Fund report

• Child Development Fund report

SRM:cwn

1.2

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT:

Purchase Orders and Checks

Recommendation

It is recommended that the Governing Board ratify purchase orders and checks issued in accordance with the District’s Purchasing Policy and that purchase orders be approved and payment authorized upon delivery and acceptance of items ordered.

February 12055013 - 12055278

SRM:cwn

1.3

PO

NUMBER VENDOR

K12C0655 U.S. BANK CORP. PAYMENT SYSTEM

K12C0656 U.S. BANK CORP. PAYMENT SYSTEM

K12C0657 U.S. BANK CORP. PAYMENT SYSTEM

K12C0664 CHICACO REVIEW PRESS INC

K12C0665 CALIFORNIA WESTERN VISUALS

K12C0666 AUDIOMETRICS

K12C0667 CURRICULUM ASSOCIATES INC.

K12C0668 OFFICE DEPOT

K12C0669 THINKING MAPS INC.

K12C0670 U.S. BANK CORP. PAYMENT SYSTEM

K12C0671 ANDERSON'S IT'S ELEMENTARY

K12C0672 OFFICE DEPOT

K12C0673 SCHOOLMATE

K12C0674 CREATIVE SERVICES

Page 1 of 9

CENTRALIA SCHOOL DISTRICT

PURCHASE ORDER REPORT

Board of Trustees Meeting 4/12/2017

PO

TOTAL

293.60

ACCT

AMOUNT

293.60

ACCOUNT

NUMBER DESCRIPTION

2/1/2017 - 2/28/2017

015870909 4310 RT-Playground Equipment and Games

370.76

370.76

015870909 4310 RT-Playground Equipment and Games

178.16

178.16

015870909 4310 RT-Playground Equipment and Games

82.47

82.47

016210909 4310 RT-Beginning Sign Language Series Books

332.75

332.75

018830303 4385 DN-Mount Bracket and Project Align to Screen

457.31

457.31

011435060 4353 SS-PCA Battery Conn. Board EasyTmp, repairs

401.05

401.05

015245060 4310 SS-Brigance IED III Standardized Kit

376.40

376.40

011120707 4310 ML-Instructional Supplies

1,126.13

1,126.13

010010065 5210 C&I-Thinking Maps "A Language for Learning"

8.89

8.89

015325070 4350

BO-"Approved" Self Inking Rubber Stamp for

Accounts Payable

643.27

643.27

011120202 4310 CN-Attendance Incentives

328.95

328.95

011120606 4310 LC-Instructional Supplies

728.00

728.00

011120606 4310 LC-Student and Teacher Planners

1,633.23

1,633.23

016210909 4310 RT-Tshirts and Sweatshirts

1.3E

PO

NUMBER VENDOR

K12C0675 U.S. BANK CORP. PAYMENT SYSTEM

K12C0676 OFFICE DEPOT

K12C0677 OFFICE DEPOT

K12C0678 BREAKOUT INC

K12C0679 OFFICE DEPOT

K12C0680 U.S. BANK CORP. PAYMENT SYSTEM

K12C0681 MACGILL & CO., WILLIAM V.

K12C0682 OFFICE DEPOT

K12C0683 SOUTHWEST SCHOOL SUPPLY

K12C0684 LAKESHORE LEARNING MATERIALS

K12C0685 KONICA MINOLTA

K12C0686 KONICA MINOLTA

K12C0687 OFFICE DEPOT

K12C0688 OFFICE DEPOT

K12C0689 JOHNNY HARRIS

Page 2 of 9

CENTRALIA SCHOOL DISTRICT

PURCHASE ORDER REPORT

Board of Trustees Meeting 4/12/2017

PO

TOTAL

25.18

ACCT

AMOUNT

25.18

ACCOUNT

NUMBER DESCRIPTION

015245060 4350 SS-Dividers

24.21

24.21

011120303 4310 DN-Instructional Supplies

604.30

604.30

011120303 4350 DN-Instructional Supplies

125.00

125.00

018830707 4310 ML-Breakout EDU Kit

144.17

144.17

018839980 4350 IT-Office Supplies

308.11

308.11

010010065 4310 C&I-Number Talks Books

11.80

11.80

015030101 4353 BT-Health Office Supplies

1,424.50

1,424.50

013950404 4310 DY-Instructional Supplies

2/1/2017 - 2/28/2017

499.52

499.52

011120808 4310 SM-Office Supplies

937.10

937.10

011120808 4310 SM-Instructional Supplies

13,991.34

13,991.34

010019970 6495 DN-Bizhub 808 Printer/Copier/Color Scanner

13,387.94

13,387.94

010019970 6495 BT-Bizhub 808 Printer/Copier/Color Scanner

575.07

575.07

011120808 4350 SM-Office supplies

26.71

26.71

015995070 4350 HR-Underdesk Keyboard Tray

120.00

120.00

015870909 4310 RT-School Shirts

1.3E

PO

NUMBER VENDOR

K12C0690 CREATIVE SERVICES

K12C0691 SCHOOLMATE

K12C0692 STAPLES

K12C0693 U.S. BANK CORP. PAYMENT SYSTEM

K12C0694 OFFICE DEPOT

K12C0695 PEARSON ASSESSMENTS

K12C0696 COMPLETE BUSINESS SYSTEMS

K12C6960 US AIR CONDITIONING

K12C6963 C.A.S.H.

K12C6964 DAVE BANG ASSOCIATES INC

K12C6965 DAVE BANG ASSOCIATES INC

K12C6967 HANGSAFE HOOKS

K12C6970 A-1 FENCE COMPANY

CENTRALIA SCHOOL DISTRICT

PURCHASE ORDER REPORT

Board of Trustees Meeting 4/12/2017

PO

TOTAL

51.72

ACCT

AMOUNT

51.72

ACCOUNT

NUMBER DESCRIPTION

2/1/2017 - 2/28/2017

015870707 4350 ML-Teacher of the Year Banner

1,028.34

1,028.34

012120303 4310 DN-Student Planners

840.40

840.40

012120808 4310

SM-Easy Clean Dry Erase Tripod Easel with Pen

Cups

38.77

38.77

013950909 4310 RT-Toothsaver Treasure Chest

254.81

254.81

013950303 4310 DN-Instructional Supplies

154.06

154.06

015245060 4310 SS-WIAT-III Audio CD

3,547.78

3,547.78

010000000 9320 Whse-Ink and Masters

9,258.75

9,258.75

407959970 6210 MOT-Danbrook MPR HVAC

7,140.00

7,140.00

015349920 5210

MOT-Leadership Academy 3/11/17-2/26/18

J.Evans

95,633.78

95,633.78

257909970 6210 MOT-Dysinger Playground Equipment

39,426.76

39,426.76

257909970 6210 MOT-Dysinger Playground Rubber Surfacing

2,724.91

2,724.91

013950303 4399 MOT-14 Racks of Backpack Hooks for Danbrook

654.56

654.56

257909970 6110 MOT-Gate for Miller Playground

Page 3 of 9 1.3E

PO

NUMBER VENDOR

K12C8319 U.S. BANK CORP. PAYMENT SYSTEM

K12C8320 CDW COMPUTER CENTERS INC.

K12C8322 SURPLUS TWO WAY RADIOS

K12C8324 CDW GOVERNMENT INC.

K12C8326 MICROSOFT

K12C8327 SEHI COMPUTER PRODUCTS INC.

K12C8328 CDW GOVERNMENT INC.

K12C8329 SCHOOL OUTFITTERS

K12C8330 CDW COMPUTER CENTERS INC.

Page 4 of 9

CENTRALIA SCHOOL DISTRICT

PURCHASE ORDER REPORT

Board of Trustees Meeting 4/12/2017

PO

TOTAL

258.49

ACCT

AMOUNT

258.49

ACCOUNT

NUMBER DESCRIPTION

015870909 4395 RT-Headphones

113.92

113.92

013135065 4385 C&I-Graphics Card

2/1/2017 - 2/28/2017

484.76

10.78

473.98

013950303 4310

013950303 4395

DN-New Vertex 32 Channel Radios (2)

44,350.31

18,086.03

2,325.13

1,764.00

18,086.02

2,325.13

1,764.00

012120808 4395

012120808 4495

012120808 5826

015790808 4395

015790808 4495

015790808 5826

SM-Chromebooks and Carts

645.42

645.42

018839999 4494 IT-Replacement Surface Book for Damaged Unit

624.95

624.95

018839980 4394 IT-Replacement HP Chromebook Keyboard Parts

25,706.24

21,485.78

2,319.75

1,900.71

123115075 4395

123115075 4495

123115075 5826

CC-Chromebooks & Carts

6,935.02

2,566.61

2,184.21

2,184.20

012120202 4395

012120303 4395

018839999 4395

IT-Headphones for Tech Stock

12,807.74

11,647.87

1,159.87

012120202 4395

012120202 4495

CN-Chromebooks and Carts

1.3E

PO

NUMBER VENDOR

K12C8331 U.S. BANK CORP. PAYMENT SYSTEM

K12C8332 CDW GOVERNMENT INC.

K12E0178 ACSA REGION XVII

K12E0179 ACSA REGION XVII

K12E0180 CALSA

K12E0181 AUGMENTATIVE COMMUNICATION

K12E0182 ACSA

K12E0183 PARADIGM HEALTHCARE SERVICES

K12E0184 UC REGENTS

K12E0185 OCDE

K12E0186 PARTNERSHIP FOR EDUCATION &

CENTRALIA SCHOOL DISTRICT

PURCHASE ORDER REPORT

Board of Trustees Meeting 4/12/2017

PO

TOTAL

419.90

ACCT

AMOUNT

419.90

ACCOUNT

NUMBER DESCRIPTION

2/1/2017 - 2/28/2017

012120808 4385 SM-Wireless Presenter Remote Control PPt Clicker

104,779.70

104,779.70

015859970 4395 IT-Chromebooks

35.00

35.00

013135065 5210 C&I-Joint Dinner Meeting OCSBA 3/1/17 M.Poulin

37.71

37.71

011120303 5210 DN-ACSA/OCSBA Joint Dinner E.Garcia 3/1/17

300.00

300.00

015319999 5310 Supt-CALSA Membership Renewal-Superintendent

950.00

950.00

015245060 5801

SS-Formal Augmentative Communication

Evaluation & Report-1 student

1,036.00

1,036.00

013465065 5210

C&I-2017 Lead 3.0 Symposium

N.Martinez,M.Poulin,E.Garcia and S.Powers 2/20-

2/22/17

2,100.00

2,100.00

015859970 5810 BO-Medi-Cal Billing Services 2014/15

225.00

225.00

012505065 5210

C&I-History-Social Science Framework: C.Burgess

4/19/17

1,700.00

1,700.00

013465065 5210

C&I-Mindsteps Site Admin Series

M.Poulin,E.Garcia,T.Brown and O.Lee

2/9,3/23,5/3

1,500.00

1,500.00

013465065 5801 SS-Instructors for PEPD Training 2/9/17

Page 5 of 9 1.3E

PO

NUMBER VENDOR

K12E0187 APPROACH LEARNING & ASSESSMENT

K12E0188 AUGMENTATIVE COMMUNICATION

CENTRALIA SCHOOL DISTRICT

PURCHASE ORDER REPORT

Board of Trustees Meeting 4/12/2017

PO

TOTAL

36,269.44

ACCT

AMOUNT

8,070.00

28,199.44

ACCOUNT

NUMBER

011505030 5819

011655060 5805

2/1/2017 - 2/28/2017

DESCRIPTION

SS-NPS Tuition for Student #8822762 16/17

950.00

950.00

015245060 5801

SS-Augmentative Communication Evalutation and

Report for Student #8820472

K12E0189 OCDE

K12E0190 CPI

K12E0191

K12E0193

SCHOOL SERVICES OF CALIF.

SCHOOL SERVICES OF CALIF.

K12E0194 ACSA REGION XVII

K12E0195 SCKC INC.

19,200.00

19,200.00

013465065 5801

HR-Education Specialist Induction Program

T.Alvarez,S.Dunlop,C.Flibbert,L.Flibbert,

M.Martinez and A.Bhatt

150.00

150.00

010050060 4310

SS-Annual CPI Recert Membership Fees

J.Raymond 10/31/16 - 10/31/17

990.00

165.00

165.00

495.00

165.00

013139965 5210

015315035 5210

015325070 5210

015415045 5210

BO/C&I/Supt/SS/HR-SSC 2017 May Revise

5/18/17:S.Martin,H.McCombs,C.Elberson,

M.Ramsey,M.Poulin and R.French

820.00

410.00

015245060 5210

410.00

015325070 5210

BO/SS-SSC Special Ed: Both Sides of the Equation

5/4/17:S.Martin,H.McCombs,J.Raymond and

P.Gandara

105.00

105.00

015030101 5210

BT-ACSA Region 17 Dinner Workshop Conference

3/1/17:D.Nguyen,M.Newman and J.Bernard

853.38

853.38

012120303 5210

DN-So Cal Kindergarten

Conference:K.Miller,S.Shapiro and L.Gray

Page 6 of 9 1.3E

PO

NUMBER VENDOR

K12E0196 HARBOR BREEZE CORPORATION

K12E0197 ACSA REGION XVII

K12E0198 OCSBA

K12E0199 U.S. BANK CORP. PAYMENT SYSTEM

K12E0200 SCHOOL SERVICES OF CALIF.

K12E0201 ACSA REGION XVII

K12E0202 MEET THE MASTERS

K12E0203 OCDE

K12E0204 RANCHO LAS LOMAS WILDLIFE FOUN

K12E0205 C.S.E.A.

K12E4631 HEALTH-E MEAL PLANNER PRO

Page 7 of 9

CENTRALIA SCHOOL DISTRICT

PURCHASE ORDER REPORT

Board of Trustees Meeting 4/12/2017

PO

TOTAL

1,200.00

ACCT

AMOUNT

1,200.00

ACCOUNT

NUMBER DESCRIPTION

2/1/2017 - 2/28/2017

015790404 4367 DY-6th Grade Whale Watching Trip 3/24/17

35.00

35.00

015315035 5210

Supt-ACSA Region 17 Leadership Dinner:Ruth Ann

MacMillen

175.00

35.00

140.00

015315035 5210

015505035 5210

Supt-ACSA Leadership Forum/Dinner Meeting:

567.00

567.00

015455070 5210

BO-First Aid/CPR/AED Certification Class: 21

Participants

330.00

330.00

015315035 5210

Supt-SSC 2017 May Revise 5/18/17:N.Martinez and L.Tharp

77.00

77.00

015030202 5210

CN-ACSA/OSCBA Joint Dinner 3/1/17 T.Belt-

Brown and V.Leonard

1,274.98

1,274.98

016720808 5643 SM-Pmt #2 and #3 of Art Program

4,995.00

4,995.00

010015065 5802

C&I-OCDE LCAP Survey Support:Contract to support CESD w/ light survey support to gather steakholder feedback for LCAP

570.00

570.00

015790909 4367 RT-Field Trip 3/8/17

218.00

218.00

012505065 5210

C&I-Para Educator Conference 3/14-3/16

S.Chadwell and T.Ridal

3,240.00

3,240.00

136065070 5826 FS-Software Service Renewal

1.3E

PO

NUMBER VENDOR

K12E6951 B & M LAWN & GARDEN CENTER

K12E6954 IMPERIAL PAVING CO

K12E6956 COSCO FIRE PROTECTION INC.

K12E6958 CREATIVE CONTRACTORS CORP

K12E6959 BAT JAC GLASS INC.

K12E6961 U.S. BANK CORP. PAYMENT SYSTEM

K12E6962 TIME & ALARM SYSTEMS

K12E6966 BAT JAC GLASS INC.

K12E6969 J & J ENVIRONMENTAL CONSTRUCTI

K12E8321 PBS SOCAL EDUCATION

K12E8323 EDMENTUM

CENTRALIA SCHOOL DISTRICT

PURCHASE ORDER REPORT

Board of Trustees Meeting 4/12/2017

PO

TOTAL

259.87

ACCT

AMOUNT

183.12

76.75

ACCOUNT

NUMBER

015349920 4357

015349920 5642

2/1/2017 - 2/28/2017

DESCRIPTION

MOT-Repair Echo Back Pack Blower

5,860.52

5,860.52

257909970 6110

MOT-Kinder Playground & Parking Lot-Clean

Pavement and apply Overkote

1,346.88

1,346.88

015339920 5640 MOT-Annual Fire Re-Test

11,206.00

11,206.00

257909970 5640

MOT-RT Playground Remove Sand and Haul

Install Planter Box

295.00

295.00

015339920 5640

MOT-Left Hand Hinger Crank and Operate Cut and Install

2,278.83

50.02

2,228.81

015339920 4356

015339920 4410

MOT-DE Humidifier

957.59

433.48

524.11

015339920 4356

015339920 5640

MOT-Alarm Repair at DN

695.00

695.00

015339920 4356 MOT-Glass Replacement for SM Classroom

1,400.00

1,400.00

015339920 5640 MOT-Removal & Disposal of Asbestos at Dysinger

3,616.20

3,616.20

010010065 5826

C&I-PBS So.Cal Discovery Ed Streaming

Subscription 8 sites

7,530.00

7,530.00

013950606 5826 LC-Study Island Program License for ELA/Math

Page 8 of 9 1.3E

PO

NUMBER VENDOR

K12N0001 ARC DOCUMENT SERVICES

K12R0203 KONICA MINOLTA

K12R0204 KONICA MINOLTA

K12R0205 LAKESHORE LEARNING MATERIALS

Fund 01 Total:

Fund 12 Total:

Fund 13 Total:

Fund 25 Total:

Fund 40 Total:

Total Amount of Purchase Orders:

CENTRALIA SCHOOL DISTRICT

PURCHASE ORDER REPORT

Board of Trustees Meeting 4/12/2017

PO

TOTAL

ACCT

AMOUNT

ACCOUNT

NUMBER

14,580.00

14,580.00

407959970 6210

2/1/2017 - 2/28/2017

DESCRIPTION

BO-16/17 Blanket Facilities Information

Management Project

1,070.00

1,070.00

013950101 5645

BT-16/17 (Mar-Jun) Maintenance for new Konica

Copier

900.00

900.00

011120303 5645

DN-16/17 (Feb-Jun) Maintenance for new Konica

Copier

1,000.00

1,000.00

123115075 4310 CC-16/17 Blanket for Craft Materials

323,379.80

26,706.24

3,240.00

152,781.62

23,838.75

529,946.41

Page 9 of 9 1.3E

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT:

Hearing and Vision

Screening Services –

Southern California

Sensory Screening

Recommendation

It is recommended that the Governing Board authorize a 2017/18 agreement with Southern California

Sensory Screening to provide vision and hearing screening services for an amount not to exceed $7,724 funded by Medi-Cal budget 01.415.50.60.5801.

Information

Annual vision and hearing screenings are mandated for California school children. This agreement provides for screenings by qualified nurses.

PG:ma

1.4

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

Recommendation

It is recommended that the Governing Board ratify an agreement with the Orange County Department of

Education (OCDE) effective March 8 through May 19, 2017 to provide Centralia School District with

Lego Robotics, a platform that allows for students to engage in learning experiences grounded in teaching

Growth Mindset, the 4C’S: Critical Thinking, Creativity, Collaboration and Communication for a cost not to exceed $ 1,335. All eight schools were invited to participate and will incur the cost from school site budgets.

Information

OCDE will provide 11 classes of Introduction to Robotics Lessons with Omar Shepherd from OCDE,

Project Manager, STEM/CTE. Lessons will be integrated with Computer Science Standards around

Computations Thinking.

MP:sm

DATE: April 12, 2017

SUBJECT:

Lego Robotics - Orange

County Department of

Education

1.5

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT: AB 1200 Requirement -

Agreement with

Classified Bargaining

Unit

Recommendation

It is recommended that the Governing Board authorize certification that costs incurred under the agreement with the California School Employees Association (CSEA) Chapter 136 can be met by the

District during the term of the agreement.

Information

In accordance with AB 1200, districts must disclose major provisions of collective bargaining agreements at a public meeting prior to final adoption. Summaries of the financial aspects of the agreements are available for review in the Business Office.

SRM:cwn

4.1

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT:

2016/17 LCAP

Survey Results

Information

Staff will provide a presentation on the Local Control Accountability Program (LCAP) providing a brief summary of stakeholder survey results.

Presentation (10 mins.)

1. Overview

2. Information

3. Questions

MP:sm

4.2

CENTRALIA SCHOOL DISTRICT

TO: Governing Board

FROM: Norma E. Martinez

Superintendent

DATE:

SUBJECT:

April 12, 2017

Measure N - Update

Information

An update on projects related to the District’s Bond Program will be presented to the Governing

Board including information regarding action items on this agenda relating to Measure N.

Presentation (20 minutes)

1. Update

2. Information on action items

3. Questions

SRM:cwn

5.1

CENTRALIA SCHOOL DISTRICT

TO: Governing Board

FROM: Norma E. Martinez

Superintendent

DATE:

SUBJECT:

April 12, 2017

Central Kitchen Project

Recommendation

It is recommended that the Governing Board direct the Superintendent to enter into a contract to develop a master plan on the modernization of the District’s Central Kitchen in its current location and/or a new location in the District.

Information

This request is a follow-up to the discussion of the Central Kitchen project at the March 17, 2017 Board

Study Session. $1,000,000 of restricted federal funding to be expended for the food service program has been set aside for this project. With the expansion of programs within the food services department, the current aging facilities are no longer adequate for current operations.

SRM:cwn

5.2

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT: Project Accounting

– Colbi Technologies

Recommendation

It is recommended that the Governing Board authorize a contract with Colbi Technologies to provide Account-Ability™ Accounting Software, Hosting, and Services for the Measure N

Program (Project #CEPM N08/2016-17). The cost for the first year of this program is $20,000, with an annual renewal/licensing/subscription fee of $5,000, as long as the program is under active usage and is funded by Measure N.

Information

In order to efficiently manage the encumbrances and expenditures of Measure N funds in accordance with State reporting standards, it is necessary to acquire a specialized accounting software.

Colbi’s products and services are recommended for the Measure N program based on their specialized web-enabled computer program specially developed for school construction project accounting. Many school districts have used this accounting program with great success. The

District’s Program Manager, Schoolhaus Advisors, will assist with data entry and management of this program as part of their services, and will interact with District staff to process contracts, purchase orders and payments. This is a highly specialized software that will require extensive training of District staff. The program will be utilized throughout the bond project on a regular basis.

SRM:cwn

5.3

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT: Maintenance and

Construction Unit

Price Bid – M.P. South

Recommendation

It is recommended that the Governing Board award a bid and authorize a Master Agreement with M.P.

South for the 2017 Maintenance and Construction Unit Price Bid Project #CEUB, N06/2016-17 for construction services. The contract will be valid for one year and renewed on an as-needed basis for up to five years, in accordance with Education Code regulations.

Information

This is a publicly bid project, for an annual agreement to provide maintenance/construction services on a unit price, and time and materials basis. The contract will be used for projects too large or complex to be completed by in-house maintenance personnel, but too small to merit the administrative work required to conduct a separate public bid process.

A bid advertisement ran in the Buena Park Independent on March 3 and March 10, and in the Disabled

Veterans Business Enterprise (DVBE) focused Challenge News March 13-17, 2017. A mandatory prebid conference was held on March 17, 2017. Three contractors attended this conference. Only one complete bid was received from M.P. South.

Each project initiated under this Master Agreement will have a separate purchase order issued. The funding source for each project will be determined when the scope and location of the work are defined.

In order to complete the installation of lunch shelters and shade structures this summer, the District plans to award work on a purchase order against this contract. Although the recommended bidder,

M.P. South, is a union contractor, this Master Agreement would not fall under the terms and conditions of the District’s proposed Community Benefit Agreement. This is solely due to timing as the District would not be able to complete the installation for this project this summer should we wait for the

Community Benefits agreement to be finalized and then go out to bid. The budget for the lunch shelter work, as reviewed in the March 17, 2017 Board Study Session, is $756,668.54, for all 6 shelters at 4 campuses.

5.4

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT: Architectural Services for Centralia School

Modernization –

PBK Architecture

Recommendation

It is recommended that the Governing Board authorize a contract with PBK Architecture (PBK) to provide architectural services to complete the modernization of Centralia School. Based on the current estimate, the initial fee is $178,675 and $10,000 budget for District-approved reimbursable expenses is funded by Measure N.

Information

On February 8, 2017, the Governing Board approved the List of Prequalified Architects for the

Measure N Program. On February 9, 2017, five of these firms were interviewed by Mr. Scott

Martin, Mr. Jim Evans, and Ms. Lynne Pentecost for providing services for the District’s highest priority projects.

PBK is recommended for this project based on their ability to staff the project with high-level, experienced professionals immediately and on their successful experience working on similar projects for other local school districts.

The project scope includes plans for the Centralia School modernization approved by the

Division of the State Architect for submittal to the California Department of Education and the

Office of Public School Construction so the District may apply for State Modernization

Matching funds as quickly as possible. As the Board will recall, Centralia School was selected as the first school for modernization due to the school’s eligibility for State matching funds. It is anticipated that work will begin after matching funds are received, likely the Summer of 2019.

The current construction cost estimate is $1,556,132. The Architect’s fee is a stepped percentage of the project’s hard cost, which will be adjusted to reflect updated or actual costs as the project proceeds.

SRM:cwn

5.5

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT: Quarterly Report -

Williams Uniform

Complaints

Information

The Orange County Department of Education implemented a reporting procedure for all Orange

County school districts to meet Uniform Complaint Reporting requirements per Education Code section 35186(d). Quarterly reports must be submitted to the Orange County Superintendent of

Schools summarizing data on the nature and resolution of all complaints received pursuant to the

Williams Settlement. There were no complaints reported during the third quarter reporting for the Centralia School District (January l through March 31, 2017).

RF:ma

5.6

TO:

FROM:

CENTRALIA SCHOOL DISTRICT

Governing Board

Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT:

Certificated Personnel

Recommendation

Employment

It is recommended that the Governing Board:

• approve/ratify the employment of the following substitute teachers for the 2016/17 school year on an as needed basis:

Jennifer Campos

Kelsey Franklin

Olenka Langen

Amanda Lewis

Thomas Lux

Angelina Arrigo effective 03/23/17 effective 03/23/17 effective 03/08/17 effective 03/23/17 effective 03/23/17 effective 03/27/17

• approve/ratify the employment of the following certificated staff and offer a probationary contract for the 2016/17 school year due to a resignation:

Christopher Dalton Special Day Class Teacher -

Mild/Moderate effective 03/01/17

• approve/ratify the employment of the following certificated staff and offer a probationary contract for the 2017/18 school year due to a resignation:

John Garcia

Susan Gonzalez

Olivia Martinez

Domenica Marchiafava

Vivian Velasquez

Speech/Language Pathologist

Speech/Language Pathologist

Speech/Language Pathologist

Speech/Language Pathologist

Speech/Language Pathologist effective 08/04/17 effective 08/04/17 effective 08/04/17 effective 08/04/17 effective 08/04/17

• approve/ratify the extra duty assignments for certificated staff to provide after school

Science, Technology, Engineering and Mathematics (STEM) Enrichment from January 1 through May 31, 2017 and paid a rate of $38.69/$39.46 per hour for one additional hour each funded by the General Fund as approved in LCAP budget 01.004.50.65.1120. This is a budgeted expense.

6.1

Certificated Personnel (Cont.)

April 12, 2017

Page 2

Jim Crowley

Tracey Heidner

Theresa Ogawa

Pat Luft

Noel Pickler

Kelly Calvert

Arianne Pascual

Todd Hackett

Carmen Conferti

Jennifer Faulhaber

Denise VandenRaadt

Kari White

Barbara Gray

• approve/ratify an honorarium for the following certificated staff in lieu of taking a Spring

Release Day, not to exceed $130 each funded by the General Fund 01.112.99.99.1130. This is a budgeted expense

Yvette Krantz

Heidi Kim

Michael Vergilio

Olivia Swinth

Rhodia Shead

Cassandra Arnold

Liza Bernard

Mary Thompson

David Foster

Denise VandenRaadt

Tawny Bishop

Noel Pickler

Angela Larzo

Katie Obenshain

Deanna Jenks

Lori Bennett

Jason Bernard

Suzanne Lusar

Jeannette Aguilera

Janise Lewis

Barbara Dennison

Michele Shanahan

Chrissie Brooks

Paul McGill

Aaron Boehme

Pat Luft

Geof Fairchild

Lori Marcoly

Shelly Coveney

Tamra Christensen

Kelly Calvert

Susanne Seiden

• approve/ratify the extra duty assignments for the following certificated staff to provide after school Math and English Language Arts (ELA) intervention at Centralia School from

January 10 through April 14, 2017 at a rate of $39.46 per hour not to exceed 60 hours each funded by the Title I budget 01.212.02.02.1120. This is a budgeted expense.

Tracey Heidner Helen Son

• approve/ratify the extra duty assignment for the following certificated staff to provide after school Math and English Language Arts (ELA) Intervention at San Marino School from

February 14 through March 31, 2017 at a rate of $39.46 per hour not to exceed 20 hours funded by the Title I budget 01.212.08.08.1120. This is a budgeted expense.

6.1

Certificated Personnel (Cont.)

April 12, 2017

Page 3

Susan Singleton

• approve/ratify the extra duty assignments for the following certificated staff to provide

Saturday School at Miller School on March 4, 2017 for attendance recovery, at a rate of

$39.46 per hour not to exceed 6 hours each funded by the General Fund as approved in

LCAP budget 01.002.99.65.1120. This is a budgeted expense.

Roxanne Grosso Keith Hunt

• approve/ratify the extra duty assignments for the following certificated staff to provide an after school Gifted and Talented Education (GATE) program for the 2016/17 school year and paid a rate of $500 funded by the General Fund 01.004.50.65.1120 as approved by the LCAP budget. This is a budgeted expense.

Monica Chopra

Tracey Heidner

Theresa Ogawa

Guy Ogawa

Pat Luft

Amy Lee

Kari White

Kelly Calvert

• approve the Shared Teaching Contracts for the 2017/18 school year effective August 4, 2017 for the following:

Shelley Brennan/Leanna Mathias

Leaves of Absence

It is recommended that the Governing Board:

• approve the request for an unpaid leave of absence for Jennifer Lee for the 2017/18 school year. Jennifer Lee submitted her letter requesting a leave of absence, without pay, for personal reasons.

• approve the requests for a half-time leave of absence for the following certificated personnel on shared contracts for the 2017/18 school year:

Shelley Brennan

Leanna Mathias

6.1

Certificated Personnel (Cont.)

April 12, 2017

Resignation/Retirement

Page 4

It is recommended that the Governing Board approve/ratify the Superintendent’s acceptance of a letter of resignation from the following certificated personnel:

Shandra Zieman

Allison Coates

Resource Specialist

General Education Teacher effective 03/06/17 effective 06/21/17

RF:ma

6.1

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT: Classified Personnel

Recommendation

Employment

It is recommended that the Governing Board:

• approve/ratify the employment of the following classified personnel, for the 2016/17 school year on an as needed basis at a rate of $16.44 per hour, funded by Special Education budget

01.122.50.60.2130. This is a budgeted position

.

Maya Conde

Monica Navarro

Substitute Special Education I.A.

Substitute Special Education I.A. effective 03/20/17 effective 03/15/17

• approve/ratify the employment of the following classified personnel, for the 2016/17 school year on an as needed basis at a rate of $10.50 per hour, funded by Child Development budgets 12.391.50.75.2932/12.311.50.75.2932. This is a budgeted position

Monica Navarro Substitute Preschool/Child Care

Assistant effective 03/15/17

• approve/ratify the employment of the following classified personnel, for the 2016/17 school year on an as needed basis at a rate of $19.50 per hour, funded by Operations budget

01.534.99.20.2232. This is a budgeted position.

Steven Blandford

Nathan Appleton

Christian Walker

Eduardo Munoz

Julian Camarillo

Substitute Custodian

Substitute Custodian

Substitute Custodian

Substitute Custodian

Substitute Custodian effective 03/07/17 effective 03/07/17 effective 03/20/17 effective 03/20/17 effective 03/28/17

• approve/ratify the employment of the following classified personnel, for the 2016/17 school year on an as needed basis at a rate of $20.00 per hour, funded by Operations budget

01.535.50.30.2269. This is a budgeted position.

Carolyn Garfin Substitute Bus Driver effective 03/10/17

6.2

C lassified Personnel (Cont.)

April 12, 2017

Page 2

• approve/ratify the employment of the following classified personnel, due to a resignation, funded by Maintenance and Operations budget 01.534.99.20.2212. The cost is approximately $52,709 including statutory benefits. This is a budgeted expense

Frank Ramos Custodian effective 02/21/17

• approve/ratify the employment of the following classified personnel, due to a retirement, funded by Maintenance and Operations budget 01.150.50.30.2260. The cost is approximately $20,609 including statutory benefits. This is a budgeted expense.

Bertha Rodriguez Bus Driver effective 01/09/17

• approve/ratify the employment of the following classified personnel, due to a resignation, funded by Title I budget 01.212.03.03.2110. The cost is approximately $11,826 including statutory benefits. This is a budgeted expense.

Melina Galvez Instructional Assistant effective 02/22/17

• approve/ratify the employment of the following classified personnel, due to a resignation, funded by Special Education budget 01.122.03.60.2110. The cost is approximately $14,355 including statutory benefits. This is a budgeted expense.

Bridget Ybarra Special Education I.A. effective 03/06/17

• approve/ratify the employment of the following classified personnel, due to a resignation, funded by Special Education budget 01.127.07.60.2110. The cost is approximately $23,788 including statutory benefits. This is a budgeted expense.

Enas El Mraghy Short Term Special Education I.A. - effective 03/20/17

Autism

• approve/ratify the employment of the following classified personnel, new positions due to a new program, funded by Child Development budget 12.391.50.75.2912. The cost is approximately $8,635 each including statutory benefits. These are budgeted positions.

Abraham Ramirez II Preschool Assistant effective 03/06/17

• approve/ratify the employment of the following classified personnel, due to promotions, funded by Food Services budget 13.606.04.70.2250. The cost is approximately $19,324 including statutory benefits. This is a budgeted expense.

6.2

C lassified Personnel (Cont.)

April 12, 2017

Page 3

Melissa Aguirre

Chasity Chavez

Miguel Hinojosa

Food Service Assistant

Food Service Assistant

Food Service Assistant effective 03/20/17 effective 03/20/17 effective 03/20/17

• approve/ratify the increase in hours for Lynnette Richards, Food Services Assistant, from 5.0

hours to 6.7 hours per day due to the service of hot suppers at San Marino School effective

March 20, 2017, funded by the Food Services budget 13.606.04.70.2250. This is a budgeted expense.

• approve/ratify the extra duty assignment for Sherry Martinez, Administrative Assistant, for additional time to attend and take notes at LCAP meetings during the 2016/17 school year and paid her regular rate of pay not to exceed 10 hours funded by the General Fund as approved in LCAP budget 01.004.50.75.2420. This is a budgeted expense.

• approve/ratify the extra duty assignments for the following classified staff to provide

Saturday School at Miller School on March 4, 2017 for attendance recovery, and paid their regular rate of pay not to exceed 6 hours each funded by the General Fund as approved in

LCAP budgets 01.002.50.65.2420/2222. This is a budgeted expense.

Kathie Poston

Arturo Melendez

School Office Manager

Custodian

• approve/ratify the temporary increase in hours for Leticia Gutierrez, Clerical Specialist I-

Bilingual, from 5.8 hours to 8 hours per day for parental support in front office at Danbrook

School office, from April 13 through May 26, 2017 and paid at her regular rate of pay funded by Title I budget 01.212.03.03.2410. This is a budgeted expense.

• approve/ratify the extra duty assignment for Deborah Cogley, Certificated Human Resources

Specialist for additional time to set up, prepare and attend the Substitute Teacher Job Fair on

February 18, 2017 and paid her regular rate of pay not to exceed 10.5 hours funded by the

Human Resources budget 01.541.50.45.2420. This is a budgeted expense.

• extend the extra duty assignment for Kara Halliburton, Clerical Specialist I to temporarily increase her hours from 4 to 8 hours per day to support the Maintenance, Operations,

Transportation and Fiscal Services Departments from March 27 through June 30, 2017, on an as needed basis, funded by General Fund budget 01.533.99.20.2420. This is a budgeted expense.

6.2

C lassified Personnel (Cont.)

April 12, 2017

Job Description

Page 4

It is recommended that the Governing Board reinstate the attached job description effective April 13,

2017:

Purchasing Agent (Reinstatement)

Resignation/Retirement

It is recommended that the Governing Board approve/ratify the Superintendent’s acceptance of a letter of resignation from the following classified personnel:

Shannon Wons

Tiffany Griego

Hung Phan

Kristina Bell

Child Care Assistant

Special Education I.A.

Noon Recreation Supervisor

Preschool Assistant effective 03/02/17 effective 03/22/17 effective 03/15/17 effective 03/17/17

6.2

CENTRALIA SCHOOL DISTRICT

JOB TITLE

Purchasing Agent

JOB DESCRIPTION

Under general direction of the Director of Fiscal Services or designated administrator; performs a variety of clerical work of average difficulty involving several specific routine but broadly defined policies and procedures pertaining to purchasing; and to do other related work as assigned.

POSITION IN ORGANIZATION

Reports to: Director of Fiscal Services

Salary Range: Classified Salary Schedule – Range 26

SPECIFIC RESPONSIBILITIES

- Performs a wide variety of clerical and typing work related to the function of purchasing.

- Interprets and applies rules and regulations pertaining to business office policies.

- Types correspondence, purchase orders, bids, quotations and requisitions.

- Obtains quotations, processes requisitions by phone or by meetings with sales representatives.

- Compiles information from various sources and types a variety of forms.

- Answers telephone and gives routine information.

- Maintains files and records related to the operation of the purchasing office.

- Participates in workshops and inservices as required.

- Performs general clerical duties.

- Performs other related duties as assigned.

MINIMUM QUALIFICATIONS

- Any combination equivalent to the completion of the twelfth grade and one year of responsible, appropriate clerical experience.

- Type 50 WPM

SKILLS, KNOWLEDGE AND ABILITIES

- Knowledge of modern office practices and procedures.

- Ability to communicate effectively with others.

- Ability to effectively handle communication with the public.

- Ability to establish and maintain effective working relationships and credibility with administrators, employees, and community.

- Resourcefulness, initiative, integrity, and discretion are highly desirable qualities.

- Ability to maintain clerical records and compile standard reports.

- Ability to perform clerical work with speed and accuracy.

- Ability to operate a variety of office machines.

- Ability to learn and interpret rules, regulations, laws, and processes.

- Ability to learn computer processing as related to purchasing office.

1/94 JLS

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT:

Approval of District/

CSEA Tentative

Agreement

Recommendation

It is recommended that the Governing Board approve the Tentative Agreement of the Centralia

School District and the California School Employees Association, Chapter 136 for the 2016-17 school year.

Information

In summary, the Tentative Agreement includes:

Article 1 – Agreement

• Agreement effective from July 1, 2016 through June 30, 2019

Article 4 – Organizational Security

• Provide all new hires a copy of the CSEA Bargaining Agreement in hard or electronic format

Article 5 – Hours of Employment

• Unit members on DSIS schedule will work on student free/staff development days unless no staff development that pertains to that particular employee. In that event, they shall have the option to work as scheduled, take a vacation day or request non-paid day off, subject to approval

Article 6 – Wages

• 2% increase on the salary schedule effective July 1, 2016

• Provide additional one-time, off schedule of 1% for the 2016/17 school year

Article 7 – Health and Welfare

• Increase District provided life insurance to $25,000

Article 8 – Leaves of Absence

• Delete section 2.B.2

• Added Parental (Child Bonding) Leave language

6.3

• Bereavement Leave time may be modified with approval from the Assistant

Superintendent of Human Resources or designee

• Added Catastrophic Leave language

The proposed agreement has met all of the legal requirements, including public presentation, negotiation and tentative agreement by representatives from each side.

The California School Employees Association, Chapter 136 completed the ratification on April

5, 2017.

RF:ma

6.3

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board

Norma E. Martinez

Superintendent

DATE: April 12, 2017

SUBJECT: Management Team

Salary Schedule

Recommendation

It is recommended that the Governing Board approve a 2% increase, effective July 1, 2016 on the salary schedule, a 1% off schedule increase for 2016/17 and increase the District provided Life

Insurance premium to $25,000 for Certificated Management, Classified Management and

Confidential Employees.

Information

This increases reflect the same as offered to certificated and classified groups.

RF:ma

6.4

CENTRALIA SCHOOL DISTRICT

TO:

FROM:

Governing Board DATE: April 12, 2017

Connor Traut, Vice President and Agency Designated Governing

Board Representative

SUBJECT: Superintendent’s Contract

_________________________________________________________________________________

Recommendation

It is recommended that the Governing Board approve a contract with the Superintendent effective through June 30, 2020.

Information

A copy of the contract and salary schedule has been posted for review by the Governing Board and members of the public. An oral presentation summarizing salary schedule placement and all compensation included in this contract will be presented prior to approval.

CT:rmc

6.5

AMENDED AND RESTATED CONTRACT FOR EMPLOYMENT OF

SUPERINTENDENT

BETWEEN

CENTRALIA ELEMENTARY SCHOOL DISTRICT

AND

NORMA MARTINEZ

005016.00001

15574907.1

THIS AMENDED AND RESTATED CONTRACT FOR EMPLOYMENT (“Contract”) is hereby made and entered into effective this ____ day of April, 2017, by and between the Board of Trustees (“Board”) of the Centralia Elementary School District (“District”) and Norma Martinez

(“Superintendent” or “Ms. Martinez”).

NOW, THEREFORE, it is hereby agreed as follows:

1.

Superintendent, Chief Executive Officer, and Secretary for the Board. Ms.

Martinez is continued in employment as the District’s Superintendent. She shall also be the Chief

Executive Officer of the District and shall serve as Secretary to the Board.

2.

Term of Employment. The term of the Contract shall run through June 30, 2020.

Upon issuance of a positive evaluation for the 2016-2017 school year, provided this occurs on or after July 1, 2017, the term of this Contract shall be extended through June 30, 2021.

3.

General Terms and Conditions of Employment. This Contract is subject to all applicable laws of the State of California, the rules and regulations of the California State Board of Education, and the rules and regulations of the Board of Trustees of the Centralia Elementary

School District. Said laws, rules and regulations, as amended from time to time, are hereby made a part of the terms and conditions of this Contract as though fully set forth herein.

4.

Powers and Duties.

A.

All powers and duties which are lawfully delegated to the Superintendent are to be executed in accordance with applicable laws, rules and regulations, including but not limited to the provisions of Education Code Section 35035, the policies adopted by the Board, and the position description for the Superintendent, as amended from time to time. Such acts as may require ratification by the Board shall be first presented to the Board President and presented to the entire Board at the next regularly scheduled Board meeting.

B. The Superintendent shall perform such duties as assigned or required of her by the Board, including but not limited to:

(1) Serving as the Chief Executive Officer of the District as described by District Policy. The Superintendent shall be delegated all powers and duties necessary for efficient management and administration of the District to the fullest extent permitted by law. The

Superintendent shall have the authority to organize and arrange the administrative and supervisory staff, including instruction, personnel, business and operational affairs, in the manner which in her

Page 1 of 7

005016.00001

15574907.1 judgment best serves the District. The Superintendent shall make recommendations regarding employment of new personnel and selection, placement and transfer of existing personnel, which recommendations shall be subject to approval by the Board. In the event the Board does not approve the Superintendent’s personnel recommendations, the Superintendent shall submit an alternative recommendation.

(2) Working with the Board, District personnel, parents and the public to develop short and long range goals with clear criteria for determining effective achievement and evaluating outcomes.

(3) Representing the interests of the Board and the District in day-today contact with parents, other citizens, community and governmental agencies.

(4) Providing leadership, guidelines and directions to ensure that policies related to curriculum, instruction, pupil personnel services, personnel, budget and business affairs are carried out.

(5) Reporting information regularly to the Board regarding student learning and an analysis of student learning, achievement and test scores.

(6) Reviewing all policies adopted by the Board and making appropriate recommendations to the Board for addition, deletion or modification.

(7) Evaluating employees directly accountable to the Superintendent and overseeing the evaluation of other employees as defined by California law and Board policy.

(8) Providing leadership and direction in planning and financing school facilities to meet growth needs.

(9) Advising the Board and making recommendations regarding possible sources of funds which may be available to implement present or contemplated District programs.

(10) Endeavoring to maintain and improve her professional competency by all available means, including reading appropriate periodicals and joining and/or participating in appropriate professional associations and their activities.

(11) Establishing and maintaining an effective community relations program including effective relationships with the media.

(12) Communicating openly, systematically and in a timely manner with the Board, staff and the community, and promptly informing the Board of critical issues or incidents.

(13) Providing educational leadership to ensure quality teaching and learning.

(14) Performing other duties and functions as assigned or required by the

Board.

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15574907.1

(15) Providing leadership and direction in the planning and reuse or disposal of surplus district property.

(16) Providing leadership and direction in negotiating with all labor groups.

5. Evaluation. The Board shall at least annually evaluate in writing the performance of the Superintendent and the working relationship between the Superintendent and the Board. This evaluation shall be based upon, but not limited to, the Superintendent’s performance of the duties and responsibilities contained in the Superintendent’s job description, along with any written goals or objectives established by the Board with respect to the

Superintendent. The format of the written evaluation shall be devised by the Board, with input from the Superintendent. Board policies and any related regulations concerning the evaluation of other management employees shall not apply to the Superintendent.

6. Salary.

A. The Superintendent’s annual salary shall be as set forth in the

Superintendent (Certificated) Salary Schedule, as amended from time to time by the Board

(hereinafter “the Salary Schedule”). A true and correct current copy of the Salary Schedule effective July 1, 2016 is attached hereto and incorporated herein as Exhibit “A.” A true and correct current copy of the Salary Schedule effective July 1, 2017 is attached hereto and incorporated herein as Exhibit “B.” Salary shall be payable in twelve (12) equal monthly installments, pursuant to the District’s usual payroll procedures. Salary shall be prorated for service of less than a full year.

B. Upon approval of this Agreement, the Superintendent’s salary shall be as set forth on Step 2 of the Salary Schedule, currently $208,000. Effective July 1, 2017 and thereafter, the Superintendent’s salary schedule placement shall be based on her total years of

District service (8), entitling her to placement at Step A, currently $249,596. The Superintendent shall be entitled to annual step advancement on each succeeding July 1 until the Superintendent has reached the maximum step. Provided, however, that step advancement on the longevity steps shall occur only upon attaining the requisite number of years of service as a District employee.

C. The Superintendent shall additionally receive an annual performance bonus in the amount of $400 per month (i.e. up to $4800 annually), conditioned on receipt of a positive evaluation for the immediate preceding school year. Such bonus, if any, shall commence within

30 days following issuance of the Superintendent’s annual performance evaluation, and shall be paid retroactive to July 1 and continuing through June 30.

D. The Board additionally intends that the Superintendent will receive the same general or across-the-board salary adjustments (including off-schedule payments) as are made applicable to other certificated management personnel of the District. Such salary adjustments shall be implemented by the Board taking unilateral action to amend the Salary

Schedule and/or authorize off-schedule payments.

E. Any other adjustment in salary during the term of this Contract shall be only in the form of a written amendment and only as mutually agreed to by and between the parties,

Page 3 of 7

005016.00001

15574907.1 and shall not operate as a termination of this Contract. It is further provided that, with respect to any adjustment in salary, it shall not be considered that a new contract has been entered into or that the termination date of the existing contract has been extended.

F. Unless otherwise specified by the Board, any Board-adopted furlough days for other employee groups may be applied to the Superintendent. Unless otherwise specified by the Board, such furlough days shall have the effect of reducing the Superintendent’s work year by the number of furlough days instituted, along with a corresponding proportional reduction in salary.

7. Expenses/Allowances.

A. In lieu of any other mileage or automobile allowance or reimbursement for business-related travel in her personal automobile within Los Angeles and Orange Counties, the

District shall provide the Superintendent an allowance of $850.00 per month. Provided, however, that this allowance is not intended to cover the automobile-related expense of attending conferences or other events occurring outside Los Angeles and Orange counties; accordingly, such expenses (including all related mileage) shall be reimbursed as specified in Paragraph 7.B.

B. Except as herein provided, the District shall provide reimbursement for all actual and necessary business-related expenses incurred in accordance with District policy

(including Board Policy 3350) and paid by the Superintendent in the conduct of her duties on behalf of the District.

C. The Superintendent shall be entitled to receive reimbursement of tuition expenses incurred in pursuing continuing education, including but not limited to attainment of an

Ed.D. or Ph.D., in an amount not to exceed $10,000 per academic year (i.e. July 1 through June

30). Reimbursable expenses are limited to those which: (1) maintain or improve skills needed in performing the Superintendent’s duties under this Contract; (2) are not part of a program of study that will qualify the Superintendent for a new trade or business; and (3) are either directly paid by the District or are reimbursed on the basis of reasonable evidence of costs incurred.

8. Professional Schedule.The Superintendent shall be required to render twelve (12) months of full and regular service to the District during each annual period covered by this agreement, except that she shall be entitled to twenty-two (22) days of annual vacation, with pay, exclusive of holidays defined in Education Code Sections 37220-37222, and any additional local holidays approved by the Board for twelve-month certificated management employees of the

District.Vacation shall accrue as it is earned. Accrued and unused vacation shall be carried over from year to year. In no event, however, shall the Superintendent accrue any vacation days in excess of forty-four (44). At such times as the Superintendent has accrued forty-four (44) days of vacation, the Superintendent shall cease to accrue vacation until such time as her accrued vacation is reduced below forty-four (44) days. During each contract year (i.e., July 1 through June 30), the Superintendent may cash out accrued vacation in an amount not to exceed one-half of her annual vacation allotment, by submitting a written election, not later than June 30, specifying the number of days to be cashed out. Upon separation from the District, the Superintendent shall be compensated for any earned and unused vacation (which, in any event, shall not exceed forty four

(44) days) at the Superintendent’s then-current salary rate.

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15574907.1

9.

Fringe Benefits.

A.

The Superintendent shall be provided with twelve (12) days per year sick leave, credited in advance for her current year’s sick leave entitlement upon initial employment with the District. Earned sick leave may be accrued and accumulated as provided by the Education

Code and Board rules and regulations.

B. The Superintendent shall be provided with fringe benefits for herself and her eligible dependent(s), on the same terms as such benefits are provided to other certificated management employees of the District. Such benefits shall be provided in accordance with Board

Policy 4154, as amended from time to time by the Board.

10.

Professional Organizations/Activities.

A.

Professional Activities. The District encourages the Superintendent to participate in professional organizations and activities. The District shall pay the Superintendent’s membership dues in such professional or community service organizations as the Superintendent deems appropriate.

B. Professional Meetings. The Superintendent may attend professional meetings at the local, county, state and national levels, subject to prior board approval for out-ofstate meetings, and all actual and necessary expenses of such attendance shall be paid by the

District.

11.

Option to Terminate.

A.

Termination by Mutual Consent. The District and Superintendent may, by mutual agreement expressed in writing, terminate this Contract at any time.

B. Termination by the Board. The Board unilaterally and without cause may terminate this Contract and the Superintendent’s employment. In consideration of the Board’s right to terminate this Contract without cause, the Board shall pay the Superintendent’s then current salary for the remainder of the Contract or twelve (12) months, whichever is less, consistent with Government Code Sections 53260 and 53261. Upon termination of this Contract pursuant to this section, the Superintendent shall continue to receive the health benefit contribution to which she was previously entitled for the remainder of this Contract, but not to exceed twelve (12) months, or until the Superintendent finds other employment, whichever occurs first in accordance with Government Code Section 53261.

C. Termination by the Superintendent. Notwithstanding any other provisions of this Contract, the Superintendent shall have the option to terminate this Contract by providing the Board with a written notice of intent to terminate. This notice shall be provided no less than sixty (60) calendar days prior to said termination date. The Superintendent and Board may mutually agree to a termination date of less than sixty (60) calendar days. In the event the

Superintendent becomes a candidate for other employment during the term of this Contract, the

Superintendent shall, within ten (10) days thereafter, notify the Board in writing of her candidacy.

Failure to so notify the Board of the candidacy shall be deemed to constitute a material breach of this Contract.

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D. Termination for Cause. This Contract and the services of the Superintendent may be terminated by the Board at any time for material breach of this Contract, or for any of the grounds enumerated under Education Code Section 44932. The Board shall not terminate this

Contract under this section until a written statement of the grounds for termination has first been served upon the Superintendent. In lieu of any other hearing, the Superintendent shall then be entitled to a conference with the Board within ten (10) work days at which time the Superintendent shall be given a reasonable opportunity to address the Board’s concerns. The Superintendent shall have the right, at her own expense, to have a representative of her choice at the conference with the Board.

E. Non-Renewal of Contract. Notwithstanding any other provision of this

Contract or the policies and regulations of the Board, the Board may elect not to renew this

Contract, and/or not to re-employ the Superintendent upon expiration of this Contract pursuant to

Education Code Section 35031. In such event, the Board shall provide the Superintendent with forty-five (45) days written notice in advance of the expiration of her term of employment. If such written notice is not provided, the Superintendent is deemed reemployed for an additional oneyear term under the same terms and conditions as set forth in this Contract. The Superintendent shall provide the Board with written notice of this provision at least ninety (90) days in advance of the termination of this Contract. The Superintendent’s failure to do so shall constitute a material breach of this Contract.

F. Abuse of Office. Notwithstanding any other provision of this Contract, and as mandated by Government Code Section 53243 et seq., in the event the Superintendent is convicted of a crime constituting “abuse of office,” the Superintendent shall reimburse the District to the fullest extent mandated by Government Code Section 53243 et seq. (i.e. for paid leave, criminal defense expenditures, or any cash settlement). In the event of such conviction, the District shall make no payments barred by Government Code Section 53243 et seq.

12.

Savings Clause. If any provisions of this Contract are held to be contrary to law by final legislative act or a court of competent jurisdiction inclusive of appeals, if any, such provisions shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions shall continue in full force and effect.

13.

Complete Agreement. This Contract is the full and complete agreement between the parties hereto. Any amendment, modifications or variations from the terms of this Contract shall be in writing and shall be effective only upon approval of such amendment, modification or variation by the Board and the Superintendent.

14.

Construction. The Parties have cooperated in the drafting and preparation of this

Contract. Hence, in any construction to be made of this Contract, the same shall not be construed against any party on the basis that said party drafted the Contract.

[SIGNATURE PAGE TO FOLLOW]

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15574907.1

IN WITNESS WHEREOF, the Parties hereto have duly approved and executed this agreement on the day and year above written.

BOARD OF TRUSTEES OF THE

CENTRALIA ELEMENTARY SCHOOL DISTRICT

_________________________________________

Art Montez, President

_________________________________________

Connor Traut, Vice President

_________________________________________

Henry Charoen, Clerk

_________________________________________

Steve Harris, Trustees

_________________________________________

Elizabeth A. Gonzalez, Trustee

ACCEPTANCE OF OFFER

I hereby accept the terms of the CONTRACT and agree to comply with each and every condition thereof, and to perform faithfully all of the duties of employment of Superintendent of the Centralia Elementary School District.

Date of Acceptance: April ___, 2017 ___________________________________

Norma Martinez

Page 7 of 7

Superintendent (SUP)

CENTRALIA SCHOOL DISTRICT

SUPERINTENDENT (CERTIFICATED) SALARY SCHEDULE - 2016/17

Annual Salary

Step I

Effective July 1, 2016

Step II Step III

$202,800 $208,000 $213,200

*Step A *Step B *Step C *Step D *Step E

5 yrs 10 yrs 15 yrs 20 yrs 25 yrs

$219,596 $230,576 $237,493 $244,618 $251,957

Educational Stipend: Certificated Management Team members may earn an annual stipend of 2,500 for a Doctorate Degree from an accredited university or college, effective

July 1, 2014.

Superintendent may accumulate earned unused vacation days not to exceed twenty-two (22) from the previous year plus twenty-two from the current year for a total not to exceed forty-four (44). Any exceptions must have prior approval.

*Steps A, B, C, D and E are longevity steps. Step A = 5 years (3%), Step B = 10 years (5%), Step C = 15 years (3%), Step D = 20 years (3%) and Step E = 25 years (3%).

From July 1, 2002 forward, any negotiated increases/COLA applied to other employee groups will be applied to all steps on salary schedule including longevity.

Exhibit A

Superintendent Salary Schedule (2016-2017) 07/01/2016

ADDENDUM

CENTRALIA SCHOOL DISTRICT

SUPERINTENDENT (CERTIFICATED) SALARY SCHEDULE - 2017/18

Annual Salary

Step I

Effective July 1, 2017

Step II Step III

$232,800 $238,000 $243,200

*Step A *Step B *Step C *Step D *Step E

5 yrs 10 yrs 15 yrs 20 yrs 25 yrs

$249,596 $260,576 $267,493 $274,618 $281,957 Superintendent (SUP)

Educational Stipend: Certificated Management Team members may earn an annual stipend of 2,500 for a Doctorate Degree from an accredited university or college, effective

July 1, 2014.

Exhibit B

Proposed Superintendent Salary Schedule (2016-2017) 04/05/2017

CENTRALIA SCHOOL DISTRICT

TO: Governing Board DATE: April 12, 2017

FROM: Norma E. Martinez SUBJECT: Board Policies, Administrative

Superintendent Regulations, Board Bylaws -

First Reading

_________________________________________________________________________________

Recommendation

It is recommended that the Governing Board approve the following revised Centralia School

District Board Policies, Administrative Regulations and Board Bylaws for First Reading:

Student Services:

BP/AR 0450

BP/AR 3513.3

AR 3516.3

BP/AR 5116.1

BP 5131.62

AR 6158

BP/AR 5145.3

BP/AR 5145.7

Comprehensive Safety Plan

Tobacco-Free Schools

Earthquake Emergency Procedure System

Intradistrict Open Enrollment

Tobacco

Independent Study

Nondiscrimination/Harassment

Sexual Harassment

Curriculum & Instruction:

BP/AR 0520.2

BP/AR 0520.3

BP/AR 5121

BP 6179

Business & Administrative Services:

BP/AR 3516.3

BP 3555

BP/AR 3230

BP/AR 3270

AR 3440

AR 3460

AR 3512

Title I Program Improvement Schools

Title I Program Improvement Districts

Grades/Evaluation of Student Achievement

Supplemental Instruction

Free and Reduced Price Meals

Nutrition Program Compliance

Federal Grant Funds

Sales and Disposal of Books, Equipment and Supplies

Inventories

Financial Reports and Accountability

Equipment

7.1

Governing Board

Page 2

April 12, 2017

Human Resources:

BP 4112.2

BP 4113

AR 4115

AR 4222

BP/AR 1312.3

AR 6164.41

Certification

Assignment

Evaluation/Supervision

Teacher Aides/Paraprofessionals

Uniform Complaint Procedures

Children with Disabilities Enrolled by Their Parents in

Private School

Information

The Centralia School District contracted with the California School Boards Association (CSBA) to provide standardized Board Policies and Administrative Regulations that comply with the law. The

Centralia School District adopted all Board Policies recommended by CSBA on April 7, 2009.

Regular modifications are provided by CSBA to keep current with changing laws and are provided to school districts for review and adoption.

Administrators edited and customized the standardized templates from CSBA and will provide a brief review of significant changes to the Board. The Governing Board is asked to review the modified and/or deleted Board Policies, Administrative Regulations, Board Bylaws and Exhibits above for First

Reading in preparation for being submitted to the Board for Second Reading and Adoption.

NM:rmc

7.1

Centralia ESD

Board Policy

Philosophy, Goals, Objectives, and Comprehensive Plans

COMPREHENSIVE SAFETY PLAN

BP 0450(a)

The Governing Board recognizes that students and staff have the right to a safe and secure campus where they are free from physical and psychological harm. The Board is fully committed to maximizing school safety and to creating a positive learning environment that includes strategies for violence prevention and high expectations for student conduct, responsible behavior, and respect for others.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 3515 - Campus Security)

(cf. 3515.2 - Disruptions)

(cf. 3515.3 - District Police/Security Department)

(cf. 3515.7 - Firearms on School Grounds)

(cf. 5131 - Conduct)

(cf. 5131.2 - Bullying)

(cf. 5131.4 - Student Disturbances)

(cf. 5131.7 - Weapons and Dangerous Instruments)

(cf. 5136 - Gangs)

(cf. 5137 - Positive School Climate)

(cf. 5138 - Conflict Resolution/Peer Mediation)

(cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

(cf. 5145.3 - Nondiscrimination/Harassment)

(cf. 5145.7 - Sexual Harassment)

(cf. 5145.9 - Hate-Motivated Behavior)

The school site council at each district school shall develop a comprehensive school safety plan relevant to the needs and resources of that particular school. New school campuses shall develop a safety plan within one year of initiating operations. (Education Code 32281,

32286)

(cf. 0420 - School Plans/Site Councils)

(cf. 1220 - Citizen Advisory Committees)

The school safety plan shall take into account the school's staffing, available resources, and building design, as well as other factors unique to the site.

Each school shall forward its comprehensive safety plan to the Board for approval.

(Education Code 32288)

The comprehensive safety plan(s) shall be reviewed and updated by March 1 of each year

and forwarded to the Board for approval. (Education Code 32286, 32288)

COMPREHENSIVE SAFETY PLAN (continued)

BP 0450(b)

The Board shall review the comprehensive safety plan(s) in order to ensure compliance with state law, Board policy, and administrative regulation and shall approve the plan(s) at a regularly scheduled meeting.

(cf. 0500 - Accountability)

(cf. 9320 - Meetings and Notices)

By October 15 of each year, the Superintendent or designee shall notify the California

Department of Education of any schools that have not complied with the requirements of

Education Code 32281. (Education Code 32288)

Tactical Response Plan

Notwithstanding the process described above, any portion of a comprehensive safety plan that includes tactical responses to criminal incidents that may result in death or serious bodily injury at the school site, including steps to be taken to safeguard students and staff, secure the affected school premises, and apprehend the criminal perpetrator(s), shall be developed by district administrators in accordance with Education Code 32281. In developing such strategies, district administrators shall consult with law enforcement officials and with a representative of an employee bargaining unit, if he/she chooses to participate.

When reviewing the tactical response plan, the Board may meet in closed session to confer with law enforcement officials, provided that any vote to approve the tactical response plan is announced in open session following the closed session. (Education Code 32281)

(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)

(cf. 9011 - Disclosure of Confidential/Privileged Information)

(cf. 9321 - Closed Session Purposes and Agendas)

(cf. 9321.1 - Closed Session Actions and Reports)

Public Access to Safety Plan(s)

The Superintendent or designee shall ensure that an updated file of all safety-related plans and materials is readily available for inspection by the public. (Education Code 32282)

(cf. 1340 - Access to District Records)

However, those portions of the comprehensive safety plan that include tactical responses to criminal incidents shall not be publicly disclosed.

Legal Reference: (see next page)

COMPREHENSIVE SAFETY PLAN (continued)

BP 0450(c)

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination

32260-32262 Interagency School Safety Demonstration Act of 1985

32270 School safety cadre

32280-32289 School safety plans

32290 Safety devices

35147 School site councils and advisory committees

35183 School dress code; uniforms

35291 Rules

35291.5 School-adopted discipline rules

35294.10-35294.15 School Safety and Violence Prevention Act

48900-48927 Suspension and expulsion

48950 Speech and other communication

49079 Notification to teacher; student act constituting grounds for suspension or expulsion

67381 Violent crime

PENAL CODE

422.55 Definition of hate crime

626.8 Disruptions

11164-11174.3 Child Abuse and Neglect Reporting Act

CALIFORNIA CONSTITUTION

Article 1, Section 28(c) Right to Safe Schools

CODE OF REGULATIONS, TITLE 5

11987-11987.7 School Community Violence Prevention Program requirements

11992-11993 Definition, persistently dangerous schools

UNITED STATES CODE, TITLE 20

7101-7165 Safe and Drug Free Schools and Communities

7111-7122 Student Support and Academic Enrichment Grants

7912 Transfers from persistently dangerous schools

UNITED STATES CODE, TITLE 42

12101-12213 Americans with Disabilities Act

Management Resources:

CSBA PUBLICATIONS

Updated Legal Guidance: Protecting Transgender and Gender Nonconforming Students Against

Sex Discrimination, July 2016

Safe Schools: Strategies for Governing Boards to Ensure Student Success, October 2011

Community Schools: Partnerships Supporting Students, Families and Communities, Policy Brief,

October 2010

Cyberbullying: Policy Considerations for Boards, Policy Brief, July 2010

Providing a Safe, Nondiscriminatory School Environment for All Students Transgender and Gender-

Nonconforming Students, Policy Brief, April 2010 February 2014

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Safe Schools: A Planning Guide for Action, 2002

FEDERAL BUREAU OF INVESTIGATION PUBLICATIONS

Uniform Crime Reporting Handbook, 2004

Management Resources continued: (see next page)

COMPREHENSIVE SAFETY PLAN (continued)

BP 0450(e)

Management Resources: (continued)

U.S. DEPARTMENT OF EDUCATION PUBLICATIONS

Practical Information on Crisis Planning: A Guide for Schools and Communities, January 2007

Early Warning, Timely Response: A Guide to Safe Schools, August 1998

U.S. SECRET SERVICE AND U.S. DEPARTMENT OF EDUCATION PUBLICATIONS

Threat Assessment in Schools: A Guide to Managing Threatening Situations and to Creating Safe

School Climates, 2002 2004

WEB SITES

CSBA: http://www.csba.org

California Department of Education, Safe Schools: http://www.cde.ca.gov/ls/ss

California Emergency Management Agency: http://www.calema.ca.gov

California Governor's Office of Emergency Services: http://www.caloes.ca.gov

California Healthy Kids Survey: http://chks.wested.org

Centers for Disease Control and Prevention: http://www.cdc.gov/ViolencePrevention

Federal Bureau of Investigation: http://www.fbi.gov

National Alliance for Safe Schools: http://www.safeschools.org

National Center for Crisis Management: http://www.schoolcrisisresponse.com

National School Safety Center: http://www.schoolsafety.us

U.S. Department of Education: http://www.ed.gov

U.S. Secret Service, National Threat Assessment Center: http://www.secretservice.gov/ntac_ssi.shtmlprotection/ntac

(3/08 11/11) 7/16

Centralia ESD

Administrative Regulation

Philosophy, Goals, Objectives, and Comprehensive Plans

COMPREHENSIVE SAFETY PLAN

AR 0450(a)

Development and Review of Comprehensive School Safety Plan

The school site council shall consult with local law enforcement in the writing and developingment of the comprehensive school safety plan. When practical, the school site council also shall consult with other school site councils and safety committees. (Education

Code 32281, 32282)

(cf. 0420 - School Plans/Site Councils)

The school site council may delegate the responsibility for developing a comprehensive safety plan to a school safety planning committee. This committee shall be composed of the following members: (Education Code 32281)

1. The principal or designee

2. One teacher who is a representative of the recognized certificated employee organization

3.

4.

One parent/guardian whose child attends the school

One classified employee who is a representative of the recognized classified employee organization

5. Other members, if desired

(cf. 1220 - Citizen Advisory Committees)

(cf. 1400 - Relations Between Other Governmental Agencies and the Schools)

Before adopting its the comprehensive safety plan, the school site council or school safety planning committee shall hold a public meeting at the school in order to allow members of the public the opportunity to express an opinion about the plan. (Education Code 32288)

The school site council or safety planning committee shall notify, in writing, the following persons and entities of the public meeting: (Education Code 32288)

1.

COMPREHENSIVE SAFETY PLAN (continued)

The local mayor

AR 0450(b)

2.

3.

A representative of the local school employee organization

A representative of each parent organization at the school, including the parent teacher association and parent teacher clubs

(cf. 1230 - School-Connected Organizations)

4.

5.

A representative of each teacher organization at the school

(cf. 4140/4240/4340 - Bargaining Units)

A representative of the school's student body government

6. All persons who have indicated that they want to be notified

In addition, the school site council or safety planning committee may notify, in writing, the following entities of the public meeting: (Education Code 32288)

1. Representatives of local religious organizations

2. Local civic leaders

3. Local business organizations

(cf. 1700 - Relations Between Private Industry and the Schools)

Content of the Safety Plan

Each comprehensive safety plan shall include an assessment of the current status of school

any crime committed on campus and at school-related functions. (Education Code 32282)

The assessment may include, but not be limited to, data on reports of school crime, suspension and expulsion rates, and surveys of students, parents/guardians, and staff regarding their perceptions of school safety.

(cf. 0500 - Accountability)

(cf. 0510 - School Accountability Report Card)

The plan also shall identify appropriate strategies and programs that will provide or maintain a high level of school safety and address the school's procedures for complying with existing laws related to school safety, including all of the following: (Education Code 32282)

COMPREHENSIVE SAFETY PLAN (continued)

1. Child abuse reporting procedures consistent with Penal Code 11164

(cf. 5141.4 - Child Abuse Prevention and Reporting)

2. Routine and emergency disaster procedures including, but not limited to:

AR 0450(c) a. Adaptations for students with disabilities in accordance with the Americans with Disabilities Act

(cf. 6159 - Individualized Education Program)

b. An earthquake emergency procedure system in accordance with Education

Code 32282

(cf. 3516 - Emergencies and Disaster Preparedness Plan)

(cf. 3516.3 - Earthquake Emergency Procedure System)

c. A procedure to allow public agencies, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare

(cf. 1330 - Use of School Facilities)

(cf. 3516.1 - Fire Drills and Fires)

(cf. 3516.2 - Bomb Threats)

(cf. 3516.5 - Emergency Schedules)

(cf. 3543 - Transportation Safety and Emergencies)

3. Policies pursuant to Education Code 48915(d) for students who commit an act listed in Education Code 48915(c) and other school-designated serious acts which would lead to suspension, expulsion, or mandatory expulsion recommendations

(cf. 5131.7 - Weapons and Dangerous Instruments)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities)

4. Procedures to notify teachers of dangerous students pursuant to Education Code

49079

(cf. 4158/4258/4358 - Employee Security)

COMPREHENSIVE SAFETY PLAN (continued)

AR 0450(d)

5. A policy consistent with the prohibition against discrimination, harassment, intimidation, and bullying pursuant to Education Code 200-262.4

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)

(cf. 5131.2 - Bullying)

(cf. 5145.3 - Nondiscrimination/Harassment)

(cf. 5145.7 - Sexual Harassment)

(cf. 5145.9 - Hate-Motivated Behavior)

6. If the school has adopted a dress code prohibiting students from wearing "gangrelated apparel" pursuant to Education Code 35183, the provisions of that dress code and the definition of "gang-related apparel"

(cf. 5132 - Dress and Grooming)

7. Procedures for safe ingress and egress of students, parents/guardians, and employees to and from school

(cf. 5142 - Safety)

8.

9.

A safe and orderly school environment conducive to learning

(cf. 5137 - Positive School Climate)

The rules and procedures on school discipline adopted pursuant to Education Code

35291 and 35291.5

(cf. 5144 - Discipline)

10. Hate crime reporting procedures

(cf. 5145.9 - Hate-Motivated Behavior)

Among the strategies for providing a safe environment, the school safety plan may also include:

1. Development of a positive school climate that promotes respect for diversity, personal and social responsibility, effective interpersonal and communication skills, selfesteem, anger management, and conflict resolution

(cf. 5138 - Conflict Resolution/Peer Mediation)

(cf. 6141.2 - Recognition of Religious Beliefs and Customs)

COMPREHENSIVE SAFETY PLAN (continued)

AR 0450(e)

2. Disciplinary policies and procedures that contain prevention strategies, such as strategies to prevent bullying, hazing, and cyberbullying, as well as behavioral expectations and consequences for violations

(cf. 5113 - Absences and Excuses)

(cf. 5113.1 - Chronic Absence and Truancy)

(cf. 5131 - Conduct)

(cf. 5136 - Gangs)

3. Curriculum that emphasizes prevention and alternatives to violence, such as multicultural education, character/values education, media analysis skills, conflict resolution, community service learning, and education related to the prevention of dating violence

(cf. 6142.3 - Civic Education)

(cf. 6142.4 - Service Learning/Community Service Classes)

(cf. 6142.8 - Comprehensive Health Education)

4. Parent involvement strategies, including strategies to help ensure parent/guardian support and reinforcement of the school's rules and increase the number of adults on campus

(cf. 1240 - Volunteer Assistance)

(cf. 5020 - Parent Rights and Responsibilities)

(cf. 6020 - Parent Involvement)

5. Prevention and intervention strategies related to the sale or use of drugs and alcohol which shall reflect expectations for drug-free schools and support for recovering students

(cf. 5131.6 - Alcohol and Other Drugs)

(cf. 5131.61 - Drug Testing)

(cf. 5131.62 - Tobacco)

(cf. 5131.63 - Steroids)

6. Collaborative relationships among the city, county, community agencies, local law enforcement, the judicial system, and the schools that lead to the development of a set of common goals and community strategies for violence prevention instruction

(cf. 1020 - Youth Services)

7. District policy related to possession of firearms and ammunition on school grounds

(cf. 3515.7 - Firearms on School Grounds)

COMPREHENSIVE SAFETY PLAN (continued)

8. Measures to prevent or minimize the influence of gangs on campus

(cf. 5136 - Gangs)

AR 0450(f)

9.10. Assessment of the school's physical environment, including a risk management analysis and development of ground security measures such as procedures for the closing campuses to outsiders, installing surveillance systems, securing the campus perimeter, protecting buildings against vandalism. and providing for a law enforcement presence on campus

(cf. 1250 - Visitors/Outsiders)

(cf. 3515 - Campus Security)

(cf. 3515.3 - District Police/Security Department)

(cf. 3530 - Risk Management/Insurance)

(cf. 5112.5 - Open/Closed Campus)

(cf. 5131.5 - Vandalism and Graffiti)

11. Guidelines for the roles and responsibilities of mental health professionals, community intervention professionals, school counselors, school resource officers, and police officers on school campuses. Guidelines may include, but are not limited to, the following: a. Strategies to create and maintain a positive school climate, promote school safety, and increase student achievement

8.9. Procedures for receiving verification from law enforcement that when a violent crime has occurred on school grounds and for promptly notifying parents/guardians and employees of that crime

(cf. 5116.1 - Intradistrict Open Enrollment)

a. Strategies to prioritize mental health and intervention services, restorative and transformative justice programs, and positive behavior interventions and support b. Protocols to address the mental health care of students who have witnessed a violent act at any time, including, but not limited to, while on school grounds, while coming or going from school, during a lunch period whether on or off campus, or during or while going to or coming from a school-sponsored activity

COMPREHENSIVE SAFETY PLAN (continued)

12. Strategies for suicide prevention and intervention

(cf. 5141.52 - Suicide Prevention)

AR 0450(g)

13. Procedures to implement when a person interferes with or disrupts a school activity, remains on campus after having been asked to leave, or creates a disruption with the intent to threaten the immediate physical safety of students or staff

(cf. 3515.2 - Disruptions)

10.14. Crisis prevention and intervention strategies, which may include the following: a. Identification of possible crises that may occur, determination of necessary tasks that need to be addressed, and development of procedures relative to each crisis, including the involvement of law enforcement and other public safety agencies as appropriate

(cf. 3515.5 - Sex Offender Notification)

(cf. 5131.4 - Student Disturbances)

b. Threat assessment strategies to determine the credibility and seriousness of a threat and provide appropriate interventions for the potential offender(s) c. Assignment of staff members responsible for each identified task and procedure d. Development of an evacuation plan based on an assessment of buildings and grounds and opportunities for students and staff to practice the evacuation plan e. Coordination of communication to schools, Governing Board members, parents/guardians, and the media

(cf. 1112 - Media Relations)

(cf. 9010 - Public Statements)

f. Development of a method for the reporting of violent incidents g. Development of follow-up procedures that may be required after a crisis has occurred, such as counseling

COMPREHENSIVE SAFETY PLAN (continued)

AR 0450(h)

11.15. Staff development in violence prevention and intervention techniques, including preparation to implement the elements of the safety plan

(cf. 4131 - Staff Development)

(cf. 4231 - Staff Development)

(cf. 4331 - Staff Development)

7.16. Procedures for responding to the release of a pesticide or other toxic substance from properties located within one-quarter mile of the school Environmental safety

strategies, including, but not limited to, procedures for preventing and mitigating exposure to toxic pesticides, lead, asbestos, vehicle emissions, and other hazardous substances and contaminants

(cf. 3510 - Green School Operations)

(cf. 3513.3 - Tobacco-Free Schools)

(cf. 3514 - Environmental Safety)

(cf. 3514.1 - Hazardous Substances)

(cf. 3514.2 - Integrated Pest Management)

(3/08 11/11) 7/16

Centralia ESD

Board Policy

Philosophy, Goals, Objectives, and Comprehensive Plans

TITLE I PROGRAM IMPROVEMENT SCHOOLS

BP 0520.2(a)

The Governing Board is committed to enabling all district students to meet state academic achievement standards and to narrowing the achievement gap among student groups. To that end, the Board shall assist all district schools, including those receiving federal Title I funds, to achieve adequate yearly progress, as defined by the State Board of Education district shall

provide support and assistance to increase student achievement in any school that receives federal Title I funding and has been identified by the California Department of

Education as a program improvement (PI) school.

(cf. 4112.24 - Teacher Qualifications Under the No Child Left Behind Act)

(cf. 6011 - Academic Standards)

(cf. 6162.5 - Student Assessment)

(cf. 6162.51 - State Academic Achievement Tests)

(cf. 6171 - Title I Programs)

Whenever a district school is identified by the California Department of Education as in need of program improvement (PI), The Superintendent or designee shall ensure that school improvement efforts are coordinated, and aligned. He/she shall also revise the school's

Single Plan for Student Achievement in accordance with law and as specified in administrative regulation.

Depending on the length of time a district school has been identified for PI, The district shall provide opportunities for student transfers, supplemental educational services, other corrective actions, and/or restructuring in accordance with law.

The Superintendent or designee shall ensure that school improvement efforts strategies

developed for any PI school are coordinated, and aligned,. and effectively implemented in

accordance with administrative regulation and the Board-approved school improvement plan.

(cf. 0420 - School Plans/Site Councils)

(cf. 0460 - Local Control and Accountability Plan)

(cf. 5116.1 - Intradistrict Open Enrollment)

(cf. 6179 - Supplemental Instruction)

As necessary, the Board shall determine corrective actions for schools in Year 3 of PI and/or restructuring options for schools in Year 4 of PI or beyond.

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

BP 0520.2(b)

Whenever a school is identified for Year 3 4 PI, continues to fail to make AYP, has an API of less than 800, and but is not identified as a "persistently lowest achieving school" pursuant to Education Code 53201, the parents/guardians of students attending that school may petition the district Board to implement an intervention for the purpose of improving academic achievement or student safety, provided that the state limit on the number of such schools has not yet been reached. To be considered by the Board, the petition shall contain all required content and signatures and specify one of four intervention models (i.e., turnaround model, restart model, school closure, or transformation model) or an alternative governance arrangement, as described in 5 CCR 4803-4807. The district shall implement the option requested by the parents/guardians unless, at a regularly scheduled public hearing, the Board makes a finding in writing stating the reason it cannot implement the recommended option and instead designates one of the other options to be implemented. (Education Code 53300-

53303; 5 CCR 4800-4808)

Program Evaluation

The Board shall annually review the adequate yearly progress of each district school based on state academic assessments and other indicators specified in the state plan for the No

Child Left Behind Act. The Superintendent or designee shall publicize and disseminate the results of this review to parents/guardians, principals, schools, and the community so that the instructional program can be continually refined to help all students meet state academic standards. (20 USC 6316)

The Superintendent or designee shall develop an annual report card that includes the information specified in 20 USC 6311 for each district school and for the district as a whole. The required information may be incorporated into each school's school accountability report card. (20 USC 6311)

(cf. 0510 - School Accountability Report Card)

(cf. 6190 - Evaluation of the Instructional Program)

The Board and Superintendent or designee also shall review the effectiveness of the actions and activities carried out by PI schools with respect to parental involvement, professional development, and other PI activities. (20 USC 6316)

(cf. 4131 - Staff Development)

(cf. 6020 - Parent Involvement)

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

BP 0520.2(c)

The report card shall be concise, presented in an understandable and uniform format and, to the extent practicable, in a language that parents/guardians can understand. It shall be made accessible to the public on the district's web site. (20 USC 6311)

(cf. 1113 - District and School Web Sites)

As necessary based on the results of these this evaluations, the Board may require the

Superintendent or designee to review and revise any of the school's reform plans, including the school's Single Plan for Student Achievement, allocate additional resources toward the implementation of the plan, and/or require more frequent monitoring of the school's progress in order to raise student achievement.

Legal Reference:

EDUCATION CODE

35256 School accountability report card

53200-53203 Persistently lowest achieving schools

53300-53303 Parent Empowerment Act

60642.5 California Standards Tests

60850-60856 High School Exit Examination

64000 Categorical programs included in consolidated application

64001 Single school plan for student achievement, consolidated application programs

CODE OF REGULATIONS, TITLE 5

11992-11994 Persistently dangerous schools, definition

13075-13075.9 Supplemental educational services

4800-4808 Parent Empowerment petitions

UNITED STATES CODE, TITLE 20

1232g Family Educational Rights and Privacy Act

6301 Title I program purpose

6311 Adequate yearly progress State plan; state and local educational agency report cards

6312 Local educational agency plan

6313 Eligibility of schools and school attendance areas; funding allocation

6316 School improvement

7912 Persistently dangerous schools

UNITED STATES CODE, TITLE 29

794 Section 504 of the Rehabilitation Act

CODE OF FEDERAL REGULATIONS, TITLE 34

99.1-99.67 Family Educational Rights and Privacy

200.13-200.20 Adequate yearly progress

200.30-200.35 Identification of program improvement schools

200.36-200.38 Notification requirements

200.39-200.43 Requirements for program improvement, corrective action, and restructuring

200.44 School choice option

200.45-200.47 Supplemental educational services

200.48 Funding for transportation and supplemental services

200.49-200.51 State responsibilities

200.52-200.53 District improvement

Management Resources: (see next page)

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

BP 0520.2(d)

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Every Student Succeeds Act 2016-17 School Year Transition Plan, April 2016

2008 Adequate Yearly Progress Report Information Guide, August 2008

California's Accountability Workbook

FEDERAL REGISTER

Final Rule and Supplementary Information, October 29, 2008. Vol. 73, No. 210, pages 64436-64513

U.S. DEPARTMENT OF EDUCATION GUIDANCE PUBLICATIONS

Transitioning to the Every Student Succeeds Act (ESSA): Frequently Asked Questions, rev. May 4,

2016

Public School Choice, January 14, 2009

Supplemental Educational Services, January 14, 2009

WEB SITES

CSBA: http://www.csba.org

California Department of Education, Program Improvement: http://www.cde.ca.gov/ta/ac/ti/programimprov.asp

U.S. Department of Education: http://www.ed.gov

(7/04 3/09) 7/16

Centralia ESD

Administrative Regulation

Philosophy, Goals, Objectives, and Comprehensive Plans

TITLE I PROGRAM IMPROVEMENT SCHOOLS

AR 0520.2(a)

Definitions

Adequate yearly progress (AYP) refers to a series of annual academic performance goals, as defined by the State Board of Education, that incorporate student participation levels on state assessments, minimum required percentages of students scoring at the proficient level or above on English language arts and mathematics state assessments, high school graduation rates, and growth on the state's Academic Performance Index (API). AYP includes measurable annual objectives for continuous and substantial improvement for the achievement of all students at the school and for any subgroup of students, including economically disadvantaged students, students from major racial and ethnic groups, students with disabilities, and students with limited English proficiency, when the number of students in the subgroup is sufficient to yield statistically reliable results. (20 USC 6311)

(cf. 0500 - Accountability)

(cf. 6162.51 - State Academic Achievement Tests)

(cf. 6162.52 - High School Exit Examination)

Program improvement (PI) school refers to a school that is receiving federal Title I funds and has failed to make AYP for each of two consecutive school years. (20 USC 6316)

A school shall be identified for PI by the California Department of Education (CDE) whenever, for each of two consecutive years, it either does not make AYP in the same content area (English language arts or mathematics) schoolwide or for any numerically significant student subgroup or does not make AYP on the same indicator (Academic

Performance Index or high school graduation rate) schoolwide. If a small school has too few students to generate a school-level report, its results shall be aggregated into a district accountability measure.

Year 1 Program Improvement

When any Title I school is initially identified for PI: (20 USC 6316)

1. The Superintendent or designee shall provide students enrolled in the school the option of transferring, as described below in the section "Student Transfers," to another school, which may include a charter school, served by the district that has not been identified for PI.

(cf. 0420.4 - Charter School Authorization)

(cf. 5116.1 - Intradistrict Open Enrollment)

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

2.

AR 0520.2(b)

Not later than three months of being identified for PI, the school shall develop or revise a school plan, in consultation with parents/guardians, school staff, the district, and outside experts, for approval by the Governing Board. The plan shall cover a twoyear period and address the components specified in 20 USC 6316.

(cf. 6020 - Parent Involvement)

(cf. 6171 - Title I Programs)

To fulfill this requirement, the school may revise its Single Plan for Student

Achievement to reflect the requirements of 20 USC 6316.

(cf. 0420 - School Plans/Site Councils)

3. Within 45 days of receiving the plan, the Board shall establish a peer review process to assist with its review of the plan, work with the school as necessary, and approve the plan if it meets the requirements of law.

4. The school shall implement the plan no later than the beginning of the next full school year following the school's identification for PI, or, if the plan has not been approved prior to beginning the school year, immediately upon approval of the plan.

For any district school in its first year of program improvement (PI), the

Superintendent or designee shall implement a school improvement plan that was

approved by the Governing Board.

(cf. 6171 - Title I Programs)

5. As the school develops and implements the school plan,

The Superintendent or designee may obtain shall ensure that the school receives technical assistance from the district, California Department of Education (CDE), an institution of higher education, a private organization, an educational service agency, or another entity with experience in helping schools improve academic achievement, including assistance in: a.1. Analyzing data from state assessments and other examples of student work to identify and address problems in instruction and/or problems in implementing Title I requirements pertaining to parent involvement, professional development, or school and district responsibilities identified in the school plan b.2. Identifying and implementing professional development, instructional strategies, and methods of instruction that are derived from scientifically based research and that have proven effective in addressing the specific instructional issues that caused the school to be identified for PI

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

AR 0520.2(c) c.3. Analyzing and revising the school's budget so that the school's resources are more effectively allocated to the activities most likely to increase student achievement and remove the school from PI status

(cf. 3100 - Budget)

Year 2 Program Improvement

For any Title I school that fails to make AYP by the end of the first full school year after being identified for PI, the Superintendent or designee shall take all of the following actions:

(20 USC 6316)

1. Continue to provide all students enrolled in the school the option of transferring, as described below in the section "Student Transfers"

2. Arrange for the provision of supplemental educational services (SES) to eligible students from low-income families by a provider with a demonstrated record of effectiveness, as described below in the section "Supplemental Educational Services"

3. Continue to provide for technical assistance in accordance with item #5 in the section

"Year 1 Program Improvement" above

For any district school in its second year of PI, the Superintendent or designee shall continue to implement the school improvement plan and to provide for technical assistance in accordance with the section "Year 1 Program Improvement" above.

In addition, the Superintendent or designee shall arrange for the provision of alternative supports to eligible students from low-income families, as described below in the section "Alternative Supports."

Year 3 Program Improvement: Corrective Action

When a school continues to fail to make AYP by the end of the second full school year after identification for PI (four consecutive years of failure to make AYP), the Superintendent or designee shall continue to provide all elements of Year 1 and Year 2 PI specified above. In addition, the Board shall take one or more of the following corrective actions: (20 USC

6316)

After the second full school year after identification for PI, the Superintendent or designee shall continue to implement all elements of Year 1 and Year 2 PI specified

above, as well as the corrective action(s) determined by the Board, which may include:

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

1. Replaceing school staff relevant to the failure

(cf. 4113 - Assignment)

(cf. 4114 - Transfers)

(cf. 4314 - Transfers)

3.

4.

2. Implementing a new curriculum and related professional development

(cf. 4131 - Staff Development)

(cf. 4231 - Staff Development)

(cf. 4331 - Staff Development)

(cf. 6141 - Curriculum Development and Evaluation)

Significantly decreaseing management authority at the school level

Appointing an outside expert to advise the school

AR 0520.2(d)

5. Extending the school year or school day for the school

(cf. 6111 - School Calendar)

(cf. 6112 - School Day)

6. Restructureing the internal organization of the school

Year 4 Program Improvement and Beyond: Restructuring

For any school that continues to fail to make AYP after one full year of corrective action in

Year 4 of PI or beyond, the Superintendent or designee shall may continue to provide all students enrolled in the school with the option to transfer to another school within the district and continue to make SES available to eligible students who remain in the school implement

all elements of Year 1 and Year 2 PI specified above, as well as one of the following

options for alternative governance and restructuring, as determined by the Board: In addition, the Board shall develop a plan and make necessary arrangements to implement one of the following options for alternative governance and restructuring, consistent with state law: (20 USC 6316)

Reopening the school as a charter school 1.

2. Replaceing all or most of the school staff relevant to the failure

3. Entering into a contract with an entity with a demonstrated record of effectiveness to operate the school

4. Turning the operation of the school over to the CDE

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

5.

AR 0520.2(e)

Instituteing any other major restructuring of the school's governance arrangements that makes fundamental reforms

Alternative Supports

In any school identified for Year 2 PI or beyond, eligible students from low-income families shall be offered district-selected alternative supports designed to improve their academic achievement. Alternative supports may include, but are not limited to, any of the following:

1. Academic support offered during school hours, before school, after school, during intercession, and/or during summer learning programs

(cf. 5148.2 - Before/After School Programs)

(cf. 6176 - Weekend/Saturday Classes)

(cf. 6177 - Summer Learning Programs)

(cf. 6179 - Supplemental Instruction)

2. Small group instruction and/or pull-out interventions offered during the regular school day

3. Interventions offered during After School Education and Safety or 21st Century

Community Learning Center programs

4.

5.

High quality academic tutoring

Provision of supplemental materials that support alternative support services

6. Provision of a crisis, intervention, and/or academic counselor to meet with eligible students

7. Services and programs that remove barriers to promote academic achievement of eligible students

The types of alternative supports and the criteria used to identify eligible students may be included in the district's local control and accountability plan and shall be consistent and aligned with local priorities.

(cf. 0460 - Local Control and Accountability Plan)

AR 0520.2(f)

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

If the district contracts with outside entities or community partners to provide alternative supports to eligible students, the Superintendent or designee shall ensure that no electronic device or other items of value are given, retained, or used as an incentive or achievement award and that funds are expended only on direct services to eligible students.

The district shall set aside a reasonable amount of Title I, Part A funds for alternative supports. Whenever the district does not have sufficient funds to serve all eligible students, it may give priority to the lowest achieving PI schools or the lowest achieving eligible students attending a PI school. The Superintendent or designee may identify the lowest achieving eligible students based on assessment scores, grades, teacher evaluations, or another locally defined measure.

2.

3.

Notifications

Whenever a school is identified for PI, corrective action, or restructuring, the Superintendent or designee shall promptly notify parents/guardians of students enrolled in that school. The notification shall include: (20 USC 6316; 34 CFR 200.37)

1. An explanation of what the identification means, and how the school compares in terms of academic achievement to other elementary or secondary schools in the district and state

The reasons for the identification

An explanation of what the school is doing to address the problem of low achievement

4. An explanation of what the district or state is doing to help the school address the achievement problem

5. An explanation of how parents/guardians can become involved in addressing the academic issues that caused the school to be identified for PI

6. An explanation of the option to transfer to another school within the district, as described below in the section "Student Transfers"

7. If the school is in Year 2 of PI or beyond, an explanation of how parents/guardians can obtain SES for their child as described below in the section "Supplemental

Educational Services"

(cf. 5145.6 - Parental Notifications)

AR 0520.2(g)

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

The Superintendent or designee shall disseminate information about corrective actions taken at any district school to the parents/guardians of each student in that school and to the public through such means as the Internet, the media, and public agencies. (20 USC 6316)

The Superintendent or designee shall promptly notify teachers and parents/guardians whenever a school is identified for restructuring and shall provide them adequate opportunities to comment before taking action and to participate in developing any plan for restructuring school governance. (20 USC 6316)

(cf. 4112.9/4212.9/4312.9 - Employee Notifications)

All notifications pertaining to PI shall be written in an understandable and uniform format and, to the extent practicable, in a language the parents/guardians can understand. (20 USC

6316; 34 CFR 200.36)

To the extent practicable, the district shall partner with outside groups, such as faith-based organizations, community-based organizations, and business groups, to help inform eligible students and their families of the opportunities to transfer or to receive SES. (34 CFR

200.48)

Student Transfers

All students enrolled in a school in Year 1 of PI or beyond shall be provided an option to transfer to another school, which may include a charter school, served by the district provided that the school: (20 USC 6316; 34 CFR 200.44)

1. Has not been identified for PI, corrective action, or restructuring

In the event that all district schools are identified for PI, the district shall, to the extent practicable, establish a cooperative agreement with other local educational agencies in the area for interdistrict transfers.

(cf. 5117 - Interdistrict Attendance)

2. Has not been identified by the CDE as a "persistently dangerous" school pursuant to

20 USC 7912 and 5 CCR 11992-11994

(cf. 0450 - Comprehensive Safety Plan)

Among the students offered an option to transfer out of a PI school, priority shall be given to the lowest achieving students from low-income families, as defined by the district for purposes of allocating Title I funds. (20 USC 6316; 34 CFR 200.44)

6.

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

AR 0520.2(h)

If two or more district schools are eligible to accept transfers based on criteria listed in items

#1-2 above, the district shall provide a choice of more than one such school and shall take into account parent/guardian preferences among the choices offered. (34 CFR 200.44)

The Superintendent or designee may consider school capacity in selecting schools that will be offered as alternatives for school choice, but shall not use the lack of school capacity to deny transfer opportunities to students. The district may increase capacity in eligible district schools to accommodate all students who wish to transfer.

The transfer option shall be offered so that students may transfer in the school year following the school year in which the district administered the assessments that resulted in the identification of the school for PI, corrective action, or restructuring. In order to provide adequate time for parents/guardians to exercise their transfer option before the school year begins, the Superintendent or designee shall notify parents/guardians of the available school choices sufficiently in advance of, but no later than 14 calendar days before, the start of the

2.

3. school year or on a date otherwise determined necessary by the CDE. (34 CFR 200.37,

200.44)

Notice of the transfer option shall:

1. Inform parents/guardians that, due to the identification of the current school as in need of improvement, their child is eligible to attend another school, including a charter school, served by the district

Identify each school that the parent/guardian may select

Explain why the choices made available to the parents/guardians may have been limited

4. Describe the timelines and procedures that parents/guardians must follow in selecting a school for their child, including a requirement that parents/guardians rank-order their preferences of eligible schools as appropriate

5. Provide information on the academic achievement of the school(s) to which the student may transfer (34 CFR 200.37)

Explain the provision of transportation to the new school (34 CFR 200.37)

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

AR 0520.2(i)

The notice may include other information about the school(s) to which the student may transfer, such as a description of any special academic programs or facilities, the availability of before- and after-school programs, the professional qualifications of teachers in the core academic subjects, and a description of parent involvement opportunities. (34 CFR 200.37)

(cf. 4112.24 - Teacher Qualifications Under the No Child Left Behind Act)

(cf. 5148.2 - Before/After School Programs)

In addition to mailing notices directly to parents/guardians, the Superintendent or designee shall provide information about transfer options through broader means, such as the Internet, the media, and public agencies serving students and their families. (34 CFR 200.36)

(cf. 1100 - Communication with the Public)

(cf. 1113 - District and School Web Sites)

(cf. 1114 - District-Sponsored Social Media)

The district shall prominently display on its web site, in a timely manner each school year, a list of available schools to which eligible students may transfer in the current school year.

The district shall also display data on the number of students who were eligible for and who participated in the student transfer option, beginning with data from the 2007-08 school year and each subsequent year thereafter. (34 CFR 200.39)

In accordance with timelines established for the transfer request process, the Superintendent or designee shall notify parents/guardians of their child's school assignment and shall establish a reasonable deadline by which parents/guardians must either accept the assignment or decline the assignment and remain in the school of origin.

The district shall provide, or shall pay for the provision of, transportation to the district school which the student chooses to attend. (20 USC 6316; 34 CFR 200.44)

(cf. 3540 - Transportation)

To ensure that transportation may be reasonably provided, the Superintendent or designee may establish transportation zones based on geographic location within the district.

Transportation to schools within a zone shall be fully provided, while transportation outside the zone may be partially provided.

(cf. 3541 - Transportation Routes and Services)

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

AR 0520.2(j)

Any student who transfers to another district school may remain in that school until he/she has completed the highest grade in that school. However, the district shall not be obligated to provide, or pay for the provision of, transportation for the student after the end of the school year that the school of origin is no longer identified for PI, corrective action, or restructuring.

(20 USC 6316; 34 CFR 200.44)

Supplemental Educational Services

When required by law, SES shall be provided outside the regular school day and shall be specifically designed to increase achievement of eligible students from low-income families on state academic assessments and to assist them in attaining state academic standards. (20

USC 6316)

(cf. 6011 - Academic Standards)

(cf. 6179 - Supplemental Instruction)

When a school is required to provide SES, the Superintendent or designee shall provide annual notice to parents/guardians that includes: (20 USC 6316; 34 CFR 200.37)

1.

2.

The availability of SES

The identity of approved providers that are within the district or are reasonably available in neighboring local educational agencies

3.

4.

The identity of approved providers of technology-based or distance learning services

The services, qualifications, and demonstrated effectiveness of each provider, including an indication of those providers who are able to serve students with disabilities or limited English proficiency

5. The benefits of receiving SES

In addition, the notification shall describe procedures and timelines that parents/guardians must follow to select a provider.

This notification shall be clearly distinguishable from other information sent to parents/guardians regarding identification of the school for PI, corrective action, or restructuring. (34 CFR 200.37)

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

AR 0520.2(k)

The district shall prominently display on its web site, in a timely manner each school year, a list of state-approved providers serving the district in the current year and the location where services are provided. The district shall also display the number of students who were eligible for and who participated in SES, beginning with data from the 2007-08 school year and each subsequent year thereafter. (34 CFR 200.39)

The Superintendent or designee shall distribute sign-up forms for SES directly to all eligible students and their parents/guardians and make them available and accessible through broad means of dissemination such as the Internet, other media, and communications through public agencies serving eligible students and their families. (34 CFR 200.48)

The district shall provide a minimum of two enrollment windows, at separate points in the school year, that are of sufficient length to enable the parents/guardians of eligible students to make informed decisions about requesting SES and selecting a provider. (34 CFR 200.48)

Within a reasonable period of time established by the Superintendent or designee, parents/guardians shall select a SES provider from among those approved by the SBE. Upon request, the Superintendent or designee shall assist parents/guardians in choosing a provider.

(20 USC 6316; 34 CFR 200.46)

The district shall not prohibit or limit an approved provider from promoting its program or the general availability of SES to members of the community. (5 CCR 13075.9)

When the district is an approved SES provider, the Superintendent or designee shall be careful to provide parents/guardians with a balanced presentation of the options available to them and shall ensure that they understand their right to select the district or any other service provider.

No district employee who administers or provides SES, either solely or in collaboration with a SES provider, or who has a financial interest of any kind in a SES provider, shall use his/her position as a district employee to encourage district students or their parents/guardians to use the services of that provider. (5 CCR 13075.7)

(cf. 9270 - Conflict of Interest)

The Superintendent or designee shall ensure that eligible students with disabilities, students covered under Section 504 of the federal Rehabilitation Act, and students with limited

English proficiency receive appropriate SES with any necessary accommodations or language assistance. (34 CFR 200.46)

If no provider is able to make the services available to such students, the district shall provide the services with necessary accommodations or language assistance, either directly or

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

AR 0520.2(l) through a contract. Services shall be consistent with a student's individualized education program (IEP) or Section 504 services plan, as applicable.

If available funds are insufficient to provide SES to each eligible student whose parents/guardians request those services, priority shall be given to the lowest achieving eligible students. (20 USC 6316)

If the number of parents/guardians selecting a particular provider exceeds the capacity of that provider, priority shall be given to the lowest achieving eligible students.

Once a SES provider has been selected by a parent/guardian, the Superintendent or designee shall enter into an agreement with the provider. The agreement shall: (20 USC 6316)

1. Require the district to develop, in consultation with the parents/guardians and the provider, a student learning plan which includes specific achievement goals for the student, a description of how the student's progress will be measured, and a timetable for improving achievement. In the case of a student with disabilities, the student learning plan shall be consistent with the student's IEP.

2. Describe how the student's parents/guardians and teacher(s) will be regularly informed of the student's progress.

3. Provide for the termination of the agreement if the provider is unable to meet such goals and timetables.

4. Contain provisions with respect to the district making payments to the provider.

5. Prohibit the provider, without written parent/guardian permission, from disclosing to the public the identity of any student eligible for or receiving SES.

In developing the student learning plan as required by item #1 above, the Superintendent or designee shall consult with the parent/guardian of each student to, at a minimum, provide the parent/guardian an opportunity to express his/her views and have them considered.

Consultation may include, but is not limited to, communication by telephone, email, home visits, parent/guardian meetings, and/or parent/guardian signature(s). Evidence of this consultation shall be included in the student learning plan. In the event that a consultation does not take place but the parent/guardian has selected an approved SES provider, the

Superintendent or designee, or the provider acting on the district's behalf, shall show evidence of at least three separate attempts to contact the parent/guardian using at least two different means of communication. If the parent/guardian elects not to participate in the consultation, the Superintendent or designee, or approved provider acting on the district's behalf, must develop a student learning plan for the student. (5 CCR 13075.7)

TITLE I PROGRAM IMPROVEMENT SCHOOLS (continued)

AR 0520.2(m)

The Superintendent or designee may request, but not require, that the SES provider develop the student learning plan on behalf of the district for each student served by the provider as indicated in the agreement. In such cases, the Superintendent or designee shall make available to the provider pertinent student academic achievement data with parent/guardian permission and other technical assistance that will facilitate the development of the plan. The

Superintendent or designee shall maintain responsibility to review and approve the student learning plan to ensure that it is developed in consultation with the parent/guardian and contains all required information. (5 CCR 13075.7)

Eligible SES providers shall be given access to school facilities, using a fair, open, and objective process, on the same basis as other groups that seek access to school facilities. (34

CFR 200.48)

(cf. 1330 - Use of School Facilities)

(3/09 8/13) 7/16

Centralia ESD – DELETE POLICY

Board Policy

Philosophy, Goals, Objectives, and Comprehensive Plans

BP 0520.3(a)

TITLE I PROGRAM IMPROVEMENT DISTRICTS

The Governing Board desires to continuously improve educational programs and district

operations to enable all students to achieve proficiency. The Superintendent or designee

shall ensure the implementation and coordination of all district improvement plans and shall annually review and analyze report to the Board regarding the district's performance in making adequate yearly progress (AYP) toward student achievement standards.in accordance with criteria established by the State Board of Education (SBE). The Board's review shall include an evaluation of whether district improvement efforts are aligned and adequately focused on increasing achievement levels for all students. As necessary, the

Board and the Superintendent or designee shall take steps to improve district operations and programs to enable students to achieve proficiency.

(cf. 0460 - Local Control and Accountability Plan)

(cf. 0500 - Accountability)

(cf. 0520.2 - Title I Program Improvement Schools)

(cf. 6011 - Academic Standards)

(cf. 6162.51 - State Academic Achievement Tests)

Early Warning Program

In the event that the district is provided notice by the California Department of Education

(CDE) that it is in danger of being identified for program improvement (PI) within two years under the federal No Child Left Behind Act, the Board shall determine whether to participate in the voluntary Early Warning Program. If the Board elects to have the district participate in the program, the district shall conduct a voluntary self-assessment using research-based criteria provided by the CDE and may revise its Title I local educational agency (LEA) plan based on the results of that assessment. (Education Code 52055.57)

Year 1-2 PI: Revision and Implementation of LEA Plan

In the event that the district is identified for PI by the CDE, the Superintendent or designee shall, in accordance with law and administrative regulation, notify parents/guardians, administer a district self-assessment process, and revise the LEA plan. (20 USC 6316;

Education Code 52055.57)

The district shall implement all actions required for Title I program improvement (PI) as required by law and the California Department of Education (CDE).

BP 0520.3(b)

TITLE I PROGRAM IMPROVEMENT DISTRICTS (continued)

The development of district improvement strategies shall be based upon the results of a self-assessment conducted with state program assessment tools that identify specific problems contributing to low student achievement.

Each year that the district is in PI status, it shall:

1. Review the Title I local educational agency (LEA) plan and, as needed, revise the

plan. Revisions may be made in an addendum to the existing plan. The revised

LEA plan or plan addendum shall be approved by the Board and electronically submitted to the CDE.

(cf. 6171 - Title I Programs)

2. Reserve and spend at least 10 percent of its Title I, Part A allocation to provide high-quality professional development for instructional staff

(cf. 4131 - Staff Development)

(cf. 4331 - Staff Development)

Year 3 PI: Corrective Action

If the district does not make AYP after two years of receiving program funding, In addition,

during Year 3 of PI or beyond, the Board shall cooperate with the Superintendent of Public

Instruction (SPI) and the State Board of Education (SBE) in the identification and implementation of appropriate corrective actions. As applicable, the district shall

implement the recommendations of the district assistance and intervention team

(DAIT) that has been assigned to assist the district pursuant to Education Code

52055.57.

The Superintendent or designee shall submit to the CDE an annual report regarding the district's evidence of progress, including a summary description of the district's progress toward implementing the strategies in the LEA plan, an analysis of the district's progress toward student achievement goals in the LEA plan based on state or local assessment data, and documentation that the Board has been notified of the report.

If the SBE takes any corrective action other than, or in addition to, the appointment of a

DAIT, the Superintendent or designee shall In the event that the district is required to appear before the SBE within Year 3 of PI to review the district's progress., Tthe

Superintendent or designee, the DAIT, and/or the County Superintendent of Schools shall provide testimony and written data sufficient for the SBE to determine whether an alternative corrective action is needed. (Education Code 52055.57)

TITLE I PROGRAM IMPROVEMENT DISTRICTS (continued)

BP 0520.3(c)

The Board shall enter into a contract with a district assistance and intervention team (DAIT) whenever the SPI and SBE determine this to be the most appropriate corrective action. Upon receiving a report of recommendations from the DAIT: (Education Code 52055.57, 52059)

1. The Board may, not later than 30 days after completion of the report, appeal to the

SPI to be exempted from implementing one or more of the report's recommendations.

2. Not later than 60 days after completion of the report, the Board shall, at a regularly scheduled meeting, adopt the report recommendations, as modified by any exemptions granted by the SPI.

The Superintendent or designee shall establish a district leadership team to collaborate with the DAIT in the development and implementation of an action plan to address high-priority needs. This team may include site and district administrators, teacher leaders, special education teachers, English learner experts, fiscal officers, and other key personnel, as appropriate.

The Board and the Superintendent or designee shall monitor the district's progress in implementing the DAIT's recommendations and shall continually use student performance data to determine whether additional district or school site changes are necessary to improve student achievement.

Legal Reference:

EDUCATION CODE

52055.57-52055.59 Districts identified or at risk of identification for program improvement

52059 Statewide system of school support

UNITED STATES CODE, TITLE 20

6301 Title I program purpose

6311 Adequate yearly progress State plan

6312 Local educational agency plan

6316 School and district improvement

6321 Fiscal responsibilities

CODE OF FEDERAL REGULATIONS, TITLE 34

200.13-200.20 Adequate yearly progress

200.30-200.35 Identification of program improvement schools

200.36-200.38 Notification requirements

200.52-200.53 District improvement

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Every Student Succeeds Act 2016-17 School Year Transition Plan, April 2016

Local Educational Agency Program Improvement Plan Addendum Template, rev. April 2016

Blueprint for District Assistance and Intervention, 2008

2007 Adequate Yearly Progress Report Information Guide, August 2007

A Training Guide for Local Educational Agencies and Schools: Program Improvement, September

Management Resources: (continued on next page)

TITLE I PROGRAM IMPROVEMENT DISTRICTS (continued)

BP 0520.3(d)

2006

U.S. DEPARTMENT OF EDUCATION GUIDANCE

LEA and School Improvement Non-Regulatory Guidance, rev. July 21, 2006

WEB SITES

CSBA: http://www.csba.org

California Department of Education, Program Improvement: http://www.cde.ca.gov/ta/ac/ti/programimprov.asp

U.S. Department of Education, No Child Left Behind: http://www.nclb.gov: http://www.ed.gov

(11/05 11/08) 7/16

Centralia ESD

Board Policy

Business and Noninstructional Operations BP 3513.3(a)

TOBACCO-FREE SCHOOLS

The Governing Board recognizes that smoking and other uses of tobacco and nicotine products constitute a serious public health hazard and are inconsistent with district goals to provide a healthy environment for students and staff.

(cf. 3514 - Environmental Safety)

(cf. 4159/4259/4359 - Employee Assistance Programs)

(cf. 5030 - Student Wellness)

(cf. 5131.62 - Tobacco)

(cf. 5141.23 - Asthma Management)

(cf. 6142.8 - Comprehensive Health Education)

(cf. 6143 - Courses of Study)

The Board prohibits smoking and/or the use of tobacco products at any time in districtowned or leased buildings, on district property, and in district vehicles. (Health and Safety

Code 104420, 104559; Labor Code 6404.5; 20 USC 6083)

This These prohibitions applies apply to all employees, students, and visitors at any schoolsponsored instructional program, activity, or athletic event held on or off district property.

Any written joint use agreement governing community use of district facilities or grounds shall include notice of the district's tobacco-free schools policy and consequences for violations of the policy.

(cf. 1330 - Use of School Facilities)

(cf. 1330.1 - Joint Use Agreements)

The products prohibited include any product containing tobacco or nicotine, including, but not limited to, cigarettes, cigars, miniature cigars, smokeless tobacco, snuff, chew, clove cigarettes, betel, electronic cigarettes, electronic hookahs, and other vapor-emitting devices, with or without nicotine content, that mimic the use of tobacco products.

Smoking means inhaling, exhaling, burning, or carrying of any lighted or heated cigar, cigarette, pipe, tobacco, or plant product intended for inhalation, whether natural or synthetic, in any manner or form, and includes the use of an electronic smoking device that creates aerosol or vapor or of any oral smoking device for the purpose of circumventing the prohibition of smoking. (Business and Professions Code 22950.5;

Education Code 48901)

Tobacco products include: (Business and Professions Code 22950.5; Education Code

48901)

BP 3513.3(b)

TOBACCO-FREE SCHOOLS (continued)

1. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff

2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah

3. Any component, part, or accessory of a tobacco product, whether or not sold separately

This policy does not prohibit the use or possession of prescription products and other cessation aids that have been approved by the U.S. Department of Health and Human

Services, Food and Drug Administration, such as nicotine patch or gum.

Smoking or use of any tobacco-related product or disposal of any tobacco-related waste is prohibited within 25 feet of any playground, except on a public sidewalk located within 25 feet of the playground. In addition, any form of intimidation, threat, or retaliation against a person for attempting to enforce this policy is prohibited. (Health and Safety Code 104495)

Legal Reference:

EDUCATION CODE

48900 Grounds for suspension/expulsion

48901 Prohibition against tobacco use by students

BUSINESS AND PROFESSIONS CODE

22950.5 Stop Tobacco Access to Kids Enforcement Act; definitions

HEALTH AND SAFETY CODE

39002 Control of air pollution from nonvehicular sources

104350-104495 Tobacco use prevention, especially:

104495 Prohibition of smoking and tobacco waste on playgrounds

104559 Tobacco use prohibition

119405 Unlawful to sell or furnish electronic cigarettes to minors

LABOR CODE

3300 Employer, definition

6304 Safe and healthful workplace

6404.5 Occupational safety and health; use of tobacco products

UNITED STATES CODE, TITLE 20

6083 Nonsmoking policy for children's services

7100-7117 Safe and Drug Free Schools and Communities Act

Legal Reference continued on next page

BP 3513.3(c)

TOBACCO-FREE SCHOOLS (continued)

7111-7122 Student Support and Academic Enrichment Grants

CODE OF FEDERAL REGULATIONS, TITLE 21

1140.1-1140.34 Unlawful sale of cigarettes and smokeless tobacco to minors

PERB PUBLIC EMPLOYMENT AND RELATIONS BOARD RULINGS

Eureka Teachers Assn. v. Eureka City School District (1992) PERB Order #955 (16 PERC 23168)

CSEA #506 and Associated Teachers of Metropolitan Riverside v. Riverside Unified School District

(1989) PERB Order #750 (13 PERC 20147)

Management Resources:

WEB SITES

California Department of Education, Alcohol, Tobacco and Other Drug Prevention: http://www.cde.ca.gov/ls/he/at

California Department of Education, Tobacco-Free School District Certification: http://www.cde.ca.gov/ls/he/at/tobaccofreecert.asp

California Department of Public Health, Tobacco Control: http://www.cdph.ca.gov/programs/tobacco

Occupational Safety and Health Standards Board: http://www.dir.ca.gov/OSHSB/oshsb.html

U.S. Environmental Protection Agency: http://www.epa.gov

(3/11 4/14) 7/16

Centralia ESD

Administrative Regulation

Business and Noninstructional Operations

TOBACCO-FREE SCHOOLS

AR 3513.3(a)

Notifications

Information about the district's tobacco-free schools policy and enforcement procedures shall be communicated clearly to employees, parents/guardians, students, and the community.

(Health and Safety Code 104420)

(cf. 4112.9/4212.9/4312.9 - Employee Notifications)

(cf. 5145.6 - Parental Notifications)

The Superintendent or designee may disseminate this information through annual written notifications, district and school web sites, student and parent handbooks, and/or other appropriate methods of communication.

(cf. 1113 - District and School Web Sites)

OPTION 1: (Districts Receiving TUPE Funds)

The Superintendent or designee shall ensure that signs stating "Tobacco use is prohibited" shall be are prominently displayed at all entrances to school property. (Health and Safety

Code 104420, 104559)

OPTION 2: (Districts Not Receiving TUPE Funds)

At each entrance to a building or structure, the Superintendent or designee shall post a sign stating "No smoking" or "Smoking is prohibited except in designated areas" as appropriate.

(Labor Code 6404.5)

Enforcement/Discipline

Any employee or student who violates the district's tobacco-free schools policy shall be asked to refrain from smoking and shall be subject to disciplinary action as appropriate.

(cf. 4118 - Suspension/Disciplinary Action)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

(cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

Any other person who violates the district's policy on tobacco-free schools shall be informed of the district's policy and asked to refrain from smoking. If the person fails to comply with this request, the Superintendent or designee may:

AR 3513.3(b)

TOBACCO-FREE SCHOOLS (continued)

1.

2.

Direct the person to leave school property

Request local law enforcement assistance in removing the person from school premises

3. If the person repeatedly violates the tobacco-free schools policy, prohibit him/her from entering district property for a specified period of time

(cf. 1250 - Visitors/Outsiders)

(cf. 3515.2 - Disruptions)

The Superintendent or designee shall not be required to physically eject a nonemployee who is smoking or to request that the nonemployee refrain from smoking under circumstances involving a risk of physical harm to the district or any employee. (Labor Code 6404.5)

(7/02 3/11) 7/16

Centralia ESD

Administrative Regulation

Business and Noninstructional Operations

EARTHQUAKE EMERGENCY PROCEDURE SYSTEM

AR 3516.3(a)

Earthquake Preparedness

Earthquake emergency procedures shall be established in every school building having an occupant capacity of 50 or more students, or more than one classroom, and shall be incorporated into the comprehensive safety plan. (Education Code 32282)

(cf. 0450 - Comprehensive Safety Plan)

Earthquake emergency procedures shall be aligned with the Standardized Emergency

Management System and the National Incident Management System. (Government Code

8607; 19 CCR 2400-2450)

(cf. 3516 - Emergencies and Disaster Preparedness Plan)

The Superintendent or designee may work with the California Emergency Management

Agency California Governor's Office of Emergency Services and the Seismic Safety

Commission to develop and establish the earthquake emergency procedures. (Education

Code 32282)

Earthquake emergency procedures shall outline the roles and responsibilities of students and staff during and after an earthquake.

3.

Earthquake emergency procedures shall include, but not be limited to, all of the following:

(Education Code 32282)

1. A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of students and staff

2. A drop procedure whereby each student and staff member takes cover under a table or desk, dropping to his/her knees, with the head protected by the arms and the back to the windows

Drop procedures shall be practiced at least once each school quarter in elementary schools and at least once each semester in secondary schools.

Protective measures to be taken before, during, and following an earthquake

AR 3516.3(b)

EARTHQUAKE EMERGENCY PROCEDURE SYSTEM (continued)

4. A program to ensure that students and staff are aware of and properly trained in the earthquake emergency procedure system

(cf. 4131 - Staff Development)

(cf. 4231 - Staff Development)

(cf. 4331 - Staff Development)

Staff and students shall be informed of the dangers to expect in an earthquake and procedures to be followed. Students shall be instructed to remain silent and follow directions given by staff in such an emergency. Staff and students also shall be taught safety precautions to take if they are in the open or on the way to or from school when an earthquake occurs.

Earthquake emergency procedures shall designate primary and alternative locations outside of buildings, which may include areas off campus if necessary, where individuals on a school site will assemble following evacuation. In designating such areas, the Superintendent or designee shall consider potential post-earthquake hazards outside school buildings including, but not limited to, power lines, trees, covered walkways, chain link fences that may be an electric shock hazard, and areas near buildings that may have debris.

Earthquake emergency procedures also shall outline primary and alternative evacuation routes that avoid areas with potential hazards to the extent possible. The needs of students with disabilities shall be considered when planning evacuation routes.

The Superintendent or designee shall consider the danger of a post-earthquake tsunami when developing evacuation routes and locations, including the need to evacuate to higher ground.

The Superintendent or designee shall identify at least one individual within each building to determine if an evacuation is necessary, the best evacuation location, and the best route to that location when an earthquake occurs.

The Superintendent or designee shall identify potential earthquake hazards in classrooms and other district facilities, including, but not limited to, areas where the main gas supply or electric current enters the building, suspended ceilings, pendant light fixtures, large windows, stairwells, science laboratories, storage areas for hazardous materials, shop areas, and unsecured furniture and equipment. To the extent possible, dangers presented by such potential hazards shall be minimized by securing equipment and furnishings and removing heavy objects from high shelves.

Earthquake While Indoors at School

When an earthquake occurs, the following actions shall be taken inside buildings and classrooms:

2.

3.

AR 3516.3(c)

EARTHQUAKE EMERGENCY PROCEDURE SYSTEM (continued)

1. Staff shall have students perform the drop procedure. Students should stay in the drop position until the emergency is over or until further instructions are given.

In laboratories, burners should be extinguished, if possible, before taking cover.

As soon as possible, staff shall move students away from windows, shelves, and heavy objects or furniture that may fall.

4. After the earthquake, the principal or designee shall determine whether planned evacuation routes and assembly locations are safe and shall communicate with teachers and other staff.

5. When directed by the principal or designee to evacuate, or if classrooms or other facilities present dangerous hazards that require immediate evacuation, staff shall account for all students under their supervision and shall evacuate the building in an orderly manner.

Earthquake While Outdoors on School Grounds

When an earthquake occurs, the following actions shall be taken by staff or other persons in authority who are outdoors on school grounds:

1. Staff shall direct students to walk away from buildings, trees, overhead power lines, power poles, or exposed wires.

2.

3.

Staff shall have students perform the drop procedure.

Staff shall have students stay in the open until the earthquake is over or until further directions are given.

Earthquake While on the Bus

If students are on the school bus when an earthquake occurs, the bus driver shall take proper precautions to ensure student safety, which may include pulling over to the side of the road or driving to a location away from outside hazards, if possible. Following the earthquake, the driver shall contact the Superintendent or designee for instructions before proceeding on the route or, if such contact is not possible, drive to an evacuation or assembly location.

(cf. 3543 - Transportation Safety and Emergencies)

1.

2.

EARTHQUAKE EMERGENCY PROCEDURE SYSTEM (continued)

Subsequent Emergency Procedures

After an earthquake episode has subsided, the following actions shall be taken:

AR 3516.3(d)

Staff shall extinguish small fires if safe.

Staff shall provide first aid to any injured students, take roll, and report missing students to the principal or designee.

3. Staff and students shall refrain from lighting any stoves or burners or operating any electrical switches until the area is declared safe.

4. All buildings shall be inspected for water and gas leaks, electrical breakages, and large cracks or earth slippage affecting buildings.

5. The principal or designee shall post staff at safe distances from all building entrances and instruct staff and students to remain outside the buildings until they are declared safe.

6. The principal or designee shall request assistance as needed from the county or city civil defense office, fire and police departments, city and county building inspectors, and utility companies and shall confer with them regarding the advisability of closing the school.

7. The principal or designee shall contact the Superintendent or designee and request further instructions after assessing the earthquake damage.

8. The Superintendent or designee shall provide updates to parents/guardians of district students and members of the community about the incident, any safety issues, and follow-up directions.

(cf. 1112 - Media Relations)

Legal Reference:

EDUCATION CODE

32280-32289 School safety plans

GOVERNMENT CODE

3100 Public employees as disaster service workers

8607 Standardized Emergency Management System

CODE OF REGULATIONS, TITLE 19

2400-2450 Standardized Emergency Management System

Legal Reference continued on next page

AR 3516.3(e)

EARTHQUAKE EMERGENCY PROCEDURE SYSTEM (continued)

Management Resources:

CALIFORNIA EMERGENCY MANAGEMENT AGENCY CALIFORNIA GOVERNOR'S OFFICE

OF EMERGENCY SERVICES PUBLICATIONS

The ABCs of Post-Earthquake Evacuation: A Checklist for School Administrators and Faculty

Guide and Checklist for Nonstructural Earthquake Hazards in California Schools, January 2003

School Emergency Response: Using SEMS at Districts and Sites, June 1998

FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLICATIONS

Guidebook for Developing a School Earthquake Safety Program, 1990

WEB SITES

American Red Cross: http://www.redcross.org

California Emergency Management Agency: http://www.calema.ca.gov

California Governor's Office of Emergency Services: http://www.caloes.ca.gov

California Seismic Safety Commission: http://www.seismic.ca.gov

Federal Emergency Management Agency: http://www.fema.gov/hazards/earthquakes

National Incident Management System: http://www.fema.gov/emergency/nims

(7/07 3/11) 7/16

CSBA Sample

Board Policy

Business and Noninstructional Operations

FREE AND REDUCED PRICE MEALS

BP 3553(a)

The Governing Board recognizes that adequate nutrition is essential to the development, health, and learning of all students. The Superintendent or designee shall facilitate and encourage the participation of students from low-income families in the district's food service program.

(cf. 3551 - Food Service Operations/Cafeteria Fund)

(cf. 3552 - Summer Meal Program)

(cf. 5030 - Student Wellness)

(cf. 5148 - Child Care and Development)

(cf. 5148.2 - Before/After School Programs)

(cf. 6177 - Summer Learning Programs)

The district shall provide at least one nutritionally adequate meal each school day, free of charge or at a reduced price, for students whose families meet federal eligibility criteria.

(Education Code 49550, 49552)

The Superintendent or designee shall ensure that meals provided through the free and reduced-price meals program meet applicable state and/or federal nutritional standards in accordance with law, Board policy, and administrative regulation.

(cf. 3550 - Food Service/Child Nutrition Program)

Schools participating in the Special Milk Program pursuant to 42 USC 1772 shall provide milk at no charge to students who meet federal eligibility criteria for free or reduced-price meals.

The Board shall approve, and shall submit to the California Department of Education for approval, a plan that ensures that students eligible to receive free or reduced-price meals and milk are not treated differently from other students. (Education Code 49557)

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 3555 - Nutrition Program Compliance)

(cf. 5145.3 - Nondiscrimination/Harassment)

BP 3553(b)

FREE AND REDUCED PRICE MEALS (continued)

Confidentiality/Release of Records

All applications and records related to eligibility for the free and reduced-price meals program shall be confidential and may not be released except as provided by law and authorized by the Board or pursuant to a court order. (Education Code 49558)

(cf. 5125 - Student Records)

The Board authorizes designated employees to use individual records pertaining to student eligibility for the free and reduced-price meals program for the following purposes of:

(Education Code 49558)

1. Disaggregation of academic achievement data

(cf. 6162.51 - State Academic Achievement Tests)

2. Identification of students eligible for alternative supports in any school identified as a Title I program improvement school pursuant to 20 USC 6316, identification of students eligible for school choice and supplemental educational services

(cf. 0520.2 - Title I Program Improvement Schools)

(cf. 6171 - Title I Programs)

If a student transfers from the district to another district, charter school, county office of education program, or private school, the Superintendent or designee may share the student's meal eligibility information to the other educational agency to assist in the continuation of the student's meal benefits.

The Superintendent or designee may release the name and eligibility status of a student participating in the free or reduced-price meal program to another school district, charter school, or county office of education that is serving a student living in the same household for purposes related to program eligibility and data used in local control funding formula calculations. (Education Code 49558)

The Superintendent or designee may release the name and eligibility status of a student participating in the free or reduced-price meal program to the Superintendent of Public

Instruction for purposes of determining allocations under the local control funding formula and for assessing accountability of that funding. (Education Code 49558)

The Superintendent or designee may release information on the school lunch program application to the local agency that determines eligibility for participation in the Medi-Cal program if the student has been approved for free meals or, if included in the agreement with the local agency, for reduced-price meals. He/she also may release information on the school lunch application to the local agency that determines eligibility for CalFresh or another

BP 3553(c)

FREE AND REDUCED PRICE MEALS (continued) nutrition assistance program authorized under 7 CFR 210.1 if the student has been approved for free or reduced-price meals. Information may be released for these purposes only if the student's parent/guardian consents to the sharing of information and the district has entered into a memorandum of understanding with the local agency which, at a minimum, includes the roles and responsibilities of the district and local agency and the process for sharing the information. After sharing information with the local agency for purposes of determining eligibility for that program, no further information shall be shared unless otherwise authorized by law. (Education Code 49557.2, 49557.3, 49558)

(cf. 5141.6 - School Health Services)

Legal Reference:

EDUCATION CODE

48980 Notice at beginning of term

49430-49434 Pupil Nutrition, Health, and Achievement Act of 2001

49490-49494 School breakfast and lunch programs

49500-49505 School meals

49510-49520 Nutrition

49530-49536 Child Nutrition Act of 1974

49547-49548.3 Comprehensive nutrition service

49550-49562 Meals for needy students

CODE OF REGULATIONS, TITLE 5

15510 Mandatory meals for needy students

15530-15535 Nutrition education

15550-15565 School lunch and breakfast programs

UNITED STATES CODE, TITLE 20

1232g Federal Educational Rights and Privacy Act

6301-6514 Title I programs

UNITED STATES CODE, TITLE 42

1751-1769j School lunch program

1771-1791 Child nutrition, especially:

1773 School breakfast program

CODE OF FEDERAL REGULATIONS, TITLE 7

210.1-210.31 National School Lunch Program

220.10-220.21 National School Breakfast Program

245.1-245.13 Determination of eligibility for free and reduced-price meals and free milk

WELFARE AND INSTITUTIONS CODE

14005.41 Basic health care

Management Resources: (see next page)

BP 3553(d)

FREE AND REDUCED PRICE MEALS (continued)

Management Resources:

CSBA PUBLICATIONS

Monitoring for Success: A Guide for Assessing and Strengthening Student Wellness Policies, 2012

Student Wellness: A Healthy Food and Physical Activity Policy Resource Guide, 2012

CALIFORNIA DEPARTMENT OF EDUCATION MANAGEMENT BULLETINS

NSD SNP-12-2015 Updated Guidance on Sharing of School Meal Applications and the Passing of

Assembly Bill 1599, July 2015

USDA-SNP-07-2010 Change in Free and Reduced-Price Meal Application Approval Process,

September 2010

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Feed More Kids, Improve Program Participation

Direct Certification Implementation Checklist, May 2008

U.S. DEPARTMENT OF AGRICULTURE PUBLICATIONS

Eligibility Manual for School Meals: Determining and Verifying Eligibility, July 2015

Provision 2 Guidance: National School Lunch and School Breakfast Programs, Summer 2002

WEB SITES

CSBA: http://www.csba.org

California Department of Education, Nutrition Services Division: http://www.cde.ca.gov/ls/nu

California Healthy Kids Resource Center: http://www.californiahealthykids.org

California Project LEAN (Leaders Encouraging Activity and Nutrition): http://www.californiaprojectlean.org

U.S. Department of Agriculture, Food and Nutrition Service: http://www.fns.usda.gov/cnd

(11/11 3/16) 7/16

Centralia ESD

Administrative Regulation

Business and Noninstructional Operations

AR 3553(a)

FREE AND REDUCED PRICE MEALS

Applications

The Superintendent or designee shall ensure that the district's application form for free and reduced-price meals and related materials include the statements specified in Education Code

49557 and 7 CFR 245.5. The district's application packet shall include the notifications and information listed in Education Code 49557.2.

(cf. 3550 - Food Service/Child Nutrition Program)

(cf. 3551 - Food Service Operations/Cafeteria Fund)

(cf. 3552 - Summer Meal Program)

The application form and related information shall be distributed in paper form to all parents/guardians at the beginning of each school year and shall be available to students at all times during the school day. (Education Code 48980, 49520; 42 USC 1758; 7 CFR 245.5)

(cf. 5145.6 - Parental Notifications)

In addition, the district application form for free and reduced price meals shall be available online. The online application form shall require completion of only those questions necessary for determining eligibility, contain clear instructions for families that are homeless or migrant, and comply with other requirements specified in Education Code 49557.

An application form and related information shall also be provided whenever a new student is enrolled.

At the beginning of each school year, the Superintendent or designee shall send a public release, containing the same information supplied to parents/guardians and including eligibility criteria, to local media, the local unemployment office, and any major employers in the district attendance area contemplating large layoffs. Copies of the public release shall be made available upon request to any interested person. (7 CFR 245.5)

Eligibility

The Superintendent or designee shall determine students' eligibility for the free and reducedprice meals program based on the criteria specified in 42 USC 1758 and 1773 and 7 CFR

245.1-245.13 and made available by the California Department of Education.

When authorized by law, participants in other federal or state programs may be directly certified, without further application, for enrollment in the free and reduced-price meals program. (Education Code 49561; 42 USC 1758)

AR 3553(b)

FREE AND REDUCED PRICE MEALS (continued)

(cf. 6173 - Education for Homeless Children)

(cf. 6173.1 - Education for Foster Youth)

(cf. 6175 - Migrant Education Program)

Verification of Eligibility

Not later than November 15 of each year, the Superintendent or designee shall verify the eligibility of a sample of household applications approved for the school year in accordance with the sample sizes and procedures specified in 42 USC 1758 and 7 CFR 245.6a. (42 USC

1758; 7 CFR 245.6a)

If the review indicates that the initial eligibility determination is correct, the Superintendent or designee shall verify the approved household application. If the review indicates that the initial eligibility determination is incorrect, the Superintendent or designee shall: (42 USC

1758; 7 CFR 245.6a)

1. If the eligibility status changes from reduced price to free, make the increased benefits immediately available and notify the household of the change in benefits

2. If the eligibility status changes from free to reduced price, first verify the application, then notify the household of the correct eligibility status, and, when required by law, send a notice of adverse action as described below

3.

1.

2.

3. If the eligibility status changes from free or reduced price to paid, send the household a notice of adverse action as described below

If any household is to receive a reduction or termination of benefits as a result of verification activities, or if the household fails to cooperate with verification efforts, the Superintendent or designee shall reduce or terminate benefits, as applicable, and shall properly document and retain on file in the district the reasons for ineligibility. He/she also shall send a notice of adverse action to any household that is to receive a reduction or termination of benefits. Such notice shall be provided 10 days prior to the actual reduction or termination of benefits. The notice shall advise the household of: (7 CFR 245.6a)

The change and the reasons for the change

The right to appeal, when the appeal must be filed to ensure continued benefits while awaiting a hearing and decision, and instructions on how to appeal

The right to reapply at any time during the school year

AR 3553(c)

FREE AND REDUCED PRICE MEALS (continued)

Confidentiality/Release of Records

The Superintendent designates the following district employee(s) to use individual records pertaining to student participation in the free and reduced-price meals program for the purpose of disaggregation of academic achievement data or for the identification of students

who are eligible for alternative supports in a Title I program improvement school: in any program improvement school eligible for school choice and supplemental educational services pursuant to 20 USC 6316:

Assistant Superintendent, Curriculum & Instruction

In using the records for such purposes, the Superintendent or designee shall ensure that:

(Education Code 49558)

1. No individual indicators of participation in the free and reduced-price meals program are maintained in the permanent records of any student if not otherwise allowed by law.

(cf. 5125 - Student Records)

2. Information regarding individual student participation in the free and reduced-price meals program is not publicly released.

(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)

All other confidentiality provisions required by law are met. 3.

4. Information collected regarding individual students certified to participate in the free and reduced-price meals program is destroyed when no longer needed for its intended purpose.

Nondiscrimination Plan

The district's plan for students receiving free or reduced-price meals shall ensure the following: (Education Code 49557; 42 USC 1758)

1. The names of the students shall not be published, posted, or announced in any manner, or used for any purpose other than the National School Lunch and School

Breakfast Programs, unless otherwise provided by law.

AR 3553(d)

FREE AND REDUCED PRICE MEALS (continued)

2. There shall be no overt identification of any of the students by the use of special tokens or tickets or by any other means.

3.

4.

The students shall not be required to work for their meals or for milk.

The students shall not be required to use a separate dining area, go through a separate serving line or entrance, or consume their meals or milk at a different time.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 3555 - Nutrition Program Compliance)

When more than one lunch, breakfast, or type of milk is offered, the students shall have the same choice of meals or milk as is available to those students who pay the full price.

(Education Code 49557; 7 CFR 245.8)

Prices

The maximum price that shall be charged to eligible students for reduced-price meals shall be

40 cents for lunch and 30 cents for breakfast. (42 USC 1758, 1773)

(3/11 3/16) 7/16

Centralia ESD

Board Policy

Business and Noninstructional Operations BP 3555(a)

NUTRITION PROGRAM COMPLIANCE

The Governing Board recognizes the district's responsibility to comply with state and federal nondiscrimination laws as they apply to the district's nutrition programs. The district shall not deny any individual the benefits or service of any nutrition program or discriminate against him/her because of his/her race, color, national origin, gender, sex, sexual orientation, disability, or any other on any basis prohibited by law, in its implementation of such a program.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 3550 - Food Service/Child Nutrition Program)

(cf. 3552 - Summer Meal Program)

(cf. 3553 - Free and Reduced Price Meals)

(cf. 5030 - Student Wellness)

Coordinator

The Board designates the compliance officer(s) specified in AR 1312.3 - Uniform Complaint

Procedures as the district's civil rights coordinator of the district's efforts to comply to

ensure compliance with the laws governing its nutrition programs and to investigate any related complaints.

The coordinator shall provide training on the laws, regulations, procedures, and directives related to the district's nutrition programs to district employees involved in administering them. The coordinator also shall develop procedures and systems that do not restrict the participation of individuals in the district's nutrition programs, based on their race, ethnicity, or disability, and that prevent district employees from incorrectly denying the applications for participation submitted by such individuals.

The coordinator shall develop and maintain a system for collecting racial and ethnic data of participants in the district's nutrition programs and shall, at least annually, report to the Board on whether the district's nutrition programs are effectively reaching eligible individuals and whether and where additional outreach may be needed.

(cf. 5022 - Students and Family Privacy Rights)

(cf. 5125 - Student Records)

When a significant number of participants or potential participants in the district's nutrition programs are only non-English speakers, the coordinator shall make an appropriate language translation available.

(cf. 5020 - Parent Rights and Responsibilities)

NUTRITION PROGRAM COMPLIANCE (continued)

BP 3555(b)

(cf. 6020 - Parent Involvement)

(cf. 6174 - English Language Learners)

The coordinator also shall ensure that the district's nutrition programs accommodate the special dietary needs of any individual with a disability who has on file a medical statement that restricts his/her diet because of his/her disability.

(cf. 5141.27 - Food Allergies/Special Dietary Needs)

(cf. 6159 - Individualized Education Program)

(cf. 6164.6 - Identification and Education Under Section 504)

The responsibilities of the compliance officer/coordinator include, but are not limited to:

1. Providing the name of the civil rights coordinator, Section 504 coordinator, and

Title IX coordinator, if different from the civil rights coordinator, to the

California Department of Education and other interested parties

(cf. 6164.6 - Identification and Education Under Section 504)

2. Annually providing mandatory civil rights training to all frontline staff who interact with program applicants or participants and to those who supervise frontline staff

The subject matter of such training shall include, but not be limited to, collection and use of data, effective public notification systems, complaint procedures, compliance review techniques, resolution of noncompliance, requirements for reasonable accommodation of persons with disabilities, requirements for language assistance, conflict resolution, and customer service.

3. Establishing admission and enrollment procedures that do not restrict enrollment of students on the basis of race, ethnicity, national origin, or disability, including preventing staff from incorrectly denying applications and ensuring that such persons have equal access to all programs

(cf. 6159 - Individualized Education Program)

4. Sending a public release announcing the availability of the child nutrition programs and/or changes in the programs to public media and to community and grassroots organizations that interact directly with eligible or potentially eligible participants

5. Communicating the program's nondiscrimination policy and applicable complaint procedures, as provided in the section "Notifications" below

BP 3555(c)

NUTRITION PROGRAM COMPLIANCE (continued)

6. Providing appropriate translation services when a significant number of persons in the surrounding population have limited English proficiency

7. Ensuring that every part of a facility is accessible to and usable by persons with disabilities and that participants with disabilities are not excluded from the benefits or services due to inaccessibility of facilities

8. Ensuring that special meals are made available to participants with disabilities who have a medical statement on file documenting that their disability restricts their diet

(cf. 5141.27 - Food Allergies/Special Dietary Needs)

9. Implementing procedures to process and resolve civil rights (discrimination) complaints and program-related complaints, including maintaining a complaint

log and working with the appropriate person to resolve any complaint

10. Developing a method, which preferably uses self-identification or self-reporting, to collect racial and ethnic data for potentially eligible populations, applicants, and participants

(cf. 5022 - Students and Family Privacy Rights)

(cf. 5125 - Student Records)

Notifications

The coordinator shall ensure that The U.S. Department of Agriculture's (USDA) "And Justice for All" civil rights poster or other approved Nutrition Programs civil rights posters are or a

substitute poster approved by the USDA's Food and Nutrition Service shall be displayed in areas visible to the district's nutrition program participants, such as food service areas and school offices.

Annually, the coordinator shall notify all students, parents/guardians, and employees of program requirements and the procedures for filing a complaint, through the district's usual means of notification. The coordinator shall notify the public, all program applicants,

participants, and potentially eligible persons of their program rights and responsibilities and steps necessary for participation. Applicants, participants, and the public also shall be advised of their right to file a complaint, how to file a complaint, the complaint procedures, and that a complaint may be file anonymously or by a third party.

(cf. 4112.9/4212.9/4312.9 - Employee Notifications)

(cf. 5145.6 - Parental Notifications)

NUTRITION PROGRAM COMPLIANCE (continued)

BP 3555(d)

In addition, the coordinator shall ensure that every informational release, publication, or poster concerning the district's nutrition programs and/or activities all forms of

communication available to the public regarding program availability includes,shall

contain, in a prominent location, the following statement:

"In accordance with federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, religion, political beliefs, or disability. In addition, California law prohibits discrimination on any basis identified in Government Code 12940.

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights,

1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-

3272 (voice) or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer."

"In accordance with Federal civil rights law and U.S. Department of Agriculture

(USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign

Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339.

Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program

Discrimination Complaint Form, (AD-3027) found online at: http:// www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-

9992. Submit your completed form or letter to USDA by:

(1) mail: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW

Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; or

NUTRITION PROGRAM COMPLIANCE (continued)

(3) email: [email protected]

This institution is an equal opportunity provider."

BP 3555(e)

Forms of communication requiring this nondiscrimination statement include, but are not limited to, web sites, public information releases, publications, and posters, but exclude menus. The nondiscrimination statement need not be included on every page of program information on the district's or school's web site, but the statement or a link to the statement shall be included on the home page of the program information.

However, if the document is no more than one page and there is no room to print the full nondiscrimination statement, the district may instead use the statement A short version of

the nondiscrimination statement, stating "This institution is an equal opportunity provider," may be used on pamphlets, brochures, and flyers in the same print size as the rest of the text.

Complaints

Any complaint concerning the district's nutrition programs shall be investigated using the process identified in the section entitled "Procedures" in the district's AR 1312.3 - Uniform

Complaint Procedures.

(cf. 1312.3 - Uniform Complaint Procedures)

When a complaint alleging discrimination of the basis of race, color, national origin, sex,

age, or disability is unresolved at the district level, the coordinator shall notify the complainant of the option to contact and/or forward his/her complaint to one of the following agencies:

1. Child Nutrition Program Civil Rights and Program Complaint Coordinator, California

Department of Education, Nutrition Services Division, 1430 N Street, Room

15004503, Sacramento, CA 95814-2342 or call 916-445-0850 (916) 323-8531 or

(800) 952-5609

2. Office of Civil Rights, USDA, Western Region, 90 Seventh Street, Suite 10-100, San

Francisco, CA 94103 or call 415-705-1336 or fax 415-705-1364 or email

[email protected]

3.2. USDA, Director, Office of Civil Rights U.S. Department of Agriculture, Office of

the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW,

Washington, D.C. 20250-9410, or call 800-795-3272 or 202-720-6382 (TYY) (866)

NUTRITION PROGRAM COMPLIANCE (continued)

BP 3555(f)

632-9992, (800) 877-8339 (Federal Relay Service - English), (800) 845-6136

(Federal Relay Service - Spanish), fax (202) 690-7442, or email program.intake.usda.gov.

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination

48985 Notices to parents in language other than English

49060-49079 Student records

49490-49590 Child nutrition programs

PENAL CODE

422.6 Interference with constitutional right or privilege

CODE OF REGULATIONS, TITLE 5

3080 Application of section

4600-4687 Uniform complaint procedures

4900-4965 Nondiscrimination in elementary and secondary education programs

UNITED STATES CODE, TITLE 20

1400-1482 Individuals with Disabilities in Education Act

1681-1688 Discrimination based on sex or blindness, Title IX

UNITED STATES CODE, TITLE 29

794 Section 504 of the Rehabilitation Act of 1973

UNITED STATES CODE, TITLE 42

2000d-2000d-7 Title VI, Civil Rights Act of 1964

2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended

2000h-2000h-6 Title IX

12101-12213 Americans with Disabilities Act

CODE OF FEDERAL REGULATIONS, TITLE 7

210.23 National School Lunch Program, district responsibilities

215.7 Special Milk Program, requirements for participation

215.14 Special Milk Program, nondiscrimination

220.7 School Breakfast Program, requirements for participation

225.3 Summer Food Service Program, administration

225.7 Summer Food Service Program, program monitoring

CODE OF FEDERAL REGULATIONS, TITLE 28

35.101-35.190 Americans with Disabilities Act

36.303 Auxiliary aids and services

CODE OF FEDERAL REGULATIONS, TITLE 34

100.1-100.13 Nondiscrimination in federal programs, effectuating Title VI

104.1-104.39 Section 504 of the Rehabilitation Act of 1973

106.1-106.61 Discrimination on the basis of sex, effectuating Title IX, especially:

106.9 Dissemination of policy

Management Resources: (see next page)

NUTRITION PROGRAM COMPLIANCE (continued)

Legal Reference: (continued)

BP 3555(g)

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Civil Rights and Complaint Procedures for the U.S. Department of Agriculture Child Nutrition

Programs, March 2010 rev. November 2015

U.S. DEPARTMENT OF AGRICULTURE, FOOD AND NUTRITION SERVICE PUBLICATIONS

Civil Rights Compliance and Enforcement - Nutrition Programs and Activities, FNS Instruction 113-1,

November 2005

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Notice of Non-Discrimination, January 1999, August 2010

WEB SITES

California Department of Education, Nutrition Services Division: http://www.cde.ca.gov/ls/nu

U.S. Department of Agriculture, Food and Nutrition Services: http://www.fns.usda.gov

U.S. Department of Agriculture, Office for Civil Rights: http://www.ascr.usda.gov

U.S. Department of Education, Office for Civil Rights: http://www2.ed.gov/ocr

(7/10) 7/16

Centralia ESD

Board Policy

Certificated Personnel

CERTIFICATION

BP 4112.2(a)

The Governing Board recognizes that the district's ability to provide a high-quality educational program is dependent upon the employment of certificated staff who are adequately prepared and have demonstrated proficiency in basic skills and in the subject matter to be taught. The Superintendent or designee shall ensure that persons employed to fill positions requiring certification qualifications possess the appropriate credential, permit, or other certification document from the Commission on Teacher Credentialing (CTC) and fulfill any additional state, federal, or district requirements for the position.

(cf. 4111/4211/4311 - Recruitment and Selection)

(cf. 4112.21 - Interns)

(cf. 4112.22 - Staff Teaching English Language Learners)

(cf. 4112.23 - Special Education Staff)

(cf. 4112.24 - Teacher Qualifications Under the No Child Left Behind Act)

(cf. 4112.5/4212.5/4312.5 - Criminal Record Check)

(cf. 4113 - Assignment)

(cf. 4121 - Temporary/Substitute Personnel)

(cf. 5148 - Child Care and Development)

(cf. 6178 - Career Technical Education)

(cf. 6200 - Adult Education)

The Superintendent or designee may shall provide assistance and support to teachers holding preliminary credentials to help enable them to meet the qualifications required for the clear credential.

(cf. 4131 - Staff Development)

(cf. 4131.1 - Teacher Support and Guidance)

Priorities for Hiring Based on Unavailability of Credentialed Teacher

The Superintendent or designee shall make reasonable efforts to recruit a fully prepared teacher for each assignment. Whenever a teacher with a clear or preliminary credential is not available, the Superintendent or designee shall make reasonable efforts to recruit an individual for the assignment in the following order: (Education Code 44225.7)

1. A candidate who is qualified to participate in and enrolls in an approved intern program in the region of the district and possesses an intern credential

2. A candidate who is scheduled to complete preliminary credential requirements within six months and who holds a provisional internship permit (PIP) or short-term staff permit issued by the CTC

CERTIFICATION (continued)

BP 4112.2(b)

The Board shall approve, as an action item at a public Board meeting, a notice of its intent to employ a PIP applicant for a specific position. (5 CCR 80021.1)

3. As a last resort, An individual who holds an emergency permit issued by the CTC or for whom a credential waiver has been granted by the CTC

Prior to requesting that the CTC issue an emergency permit pursuant to item #3 above or a limited assignment permit which allows a fully credentialed teacher to teach outside of his/her area of certification while working toward an added or supplementary authorization, the Board shall annually approve a Declaration of Need for Fully Qualified Educators. The

Declaration of Need shall be approved by the Board as an action item at a regularly scheduled public Board meeting, with the entire Declaration of Need being included in the

Board agenda. (Education Code 44225, 44225.7; 5 CCR 80023.2, 80026, 80027, 80027.1)

The Declaration of Need shall certify that there is an insufficient number of certificated persons who meet the district's specified employment criteria for the position(s) and that the district has made reasonable efforts to recruit individuals who meet the qualifications specified in items #1-#2 above. The Declaration of Need shall also indicate the number and type of emergency permits that the district estimates it will need during the valid period of the Declaration of Need, based on the previous year's actual needs and projections of enrollment. Whenever the actual number of permits needed exceeds the estimate by 10 percent, the Board shall revise and resubmit the Declaration of Need. (5 CCR 80026)

Whenever it is necessary to employ noncredentialed teachers to fill a position requiring certification qualifications, the Superintendent or designee shall provide support and guidance in accordance with law to ensure the quality of the instructional program.

National Board for Professional Teaching Standards Certification

The Board encourages district teachers to voluntarily complete the requirements for the advanced certification awarded by the National Board for Professional Teaching Standards.

The Superintendent or designee shall inform all teachers about the program and how to acquire the necessary application and information materials. In accordance with the collective bargaining agreement and the district budget, the Superintendent or designee may provide release time, fee support, a stipend upon completion, or other support to teachers participating in the program.

(cf. 4161.3 - Professional Leaves)

CERTIFICATION (continued)

Parental Notifications

BP 4112.2(c)

At the beginning of each school year, the Superintendent or designee shall notify the parents/guardians of each student attending a school receiving Title I funds that they may request information regarding the professional qualifications of their child's classroom teacher including, but not limited to, whether the teacher: (20 USC 6312)

1. Has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction

2. Is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived

3. Is teaching in the field of discipline of his/her certification

(cf. 5145.6 - Parental Notifications)

In addition, the Superintendent or designee shall notify parents/guardians in a timely manner whenever their child has been assigned, or has been taught for four or more consecutive weeks by, a teacher who does not meet applicable state certification or licensure requirements at the grade level and subject area to which the teacher has been assigned. (20 USC 6312)

Legal Reference: (see next page)

CERTIFICATION (continued)

BP 4112.2(d)

Legal Reference:

EDUCATION CODE

8360-8370 Qualifications of child care personnel

32340-32341 Unlawful issuance of a credential

35186 Complaints regarding teacher vacancy or misassignment

44066 Limitations on certification requirements

44200-44399.1 Teacher credentialing, especially:

44250-44277 Credential types; minimum requirements

44300-44302 Emergency permit

44325-44328 District interns

44330-44355 Certificates and credentials

44420-44440 Revocation and suspension of credentials

44450-44468 University intern program

44830-44929 Employment of certificated persons; requirement of proficiency in basic skills

56060-56063 Substitute teachers in special education

CODE OF REGULATIONS, TITLE 5

6100-6126 Teacher qualifications, No Child Left Behind Act

80001-80674.6 Commission on Teacher Credentialing

UNITED STATES CODE, TITLE 20

6312 Title I local educational agency plans; notifications regarding teacher qualifications

6319 Highly qualified teachers

7801 Definitions, highly qualified teacher

CODE OF FEDERAL REGULATIONS, TITLE 34

200.61 Parent notification regarding teacher qualifications

200.55-200.57 Highly qualified teachers

COURT DECISIONS

Association of Mexican-American Educators et al. v. State of California and the Commission on

Teacher Credentialing, (1993) 836 F.Supp. 1534

Management Resources:

COMMISSION ON TEACHER CREDENTIALING PUBLICATIONS

CL-667 Basic Skills Requirement

CL-856 Provisional Internship Permit

CL 858 Short-Term Staff Permit

13-01 Hiring Hierarchy in Education Code 44225.7, Coded Correspondence, January 30, 2013

Subject Matter Authorization Guideline Book, 2012

Supplementary Authorization Guideline Book, 2012

California Standards for the Teaching Profession, 2009

The Administrator's Assignment Manual, rev. September 2007

WEB SITES

CSBA: http://www.csba.org

Commission on Teacher Credentialing: http://www.ctc.ca.gov

Commission on Teacher Credentialing, Credential Information Guide (for employers' use only): http://www.ctc.ca.gov/credentials/cig

National Board for Professional Teaching Standards: http://www.nbpts.org

U.S. Department of Education: http://www.ed.gov

(11/08 8/14) 7/16

Centralia ESD

Board Policy

Certificated Personnel BP 4113(a)

ASSIGNMENT

In order to serve the best interests of students and the educational program, the Governing

Board authorizes the Superintendent or designee to assign certificated personnel to positions for which their preparation, certification, professional experience, and aptitude qualify them.

(cf. 4112.2 - Certification)

(cf. 4112.21 - Interns)

(cf. 4112.22 - Staff Teaching English Language Learners)

(cf. 4112.23 - Special Education Staff)

(cf. 4112.8/4212.8/4312.8 - Employment of Relatives)

Teachers may be assigned to any school within the district in accordance with the collective bargaining agreement or Board policy.

(cf. 4141/4241 - Collective Bargaining Agreement)

Assignment to Courses/Classes

The Superintendent or designee shall assign teachers to courses based on the grade level and subject matter authorized by their credentials.

When there is no credential authorization requirement for teaching an elective course, the

Superintendent or designee shall select the credentialed teacher whose knowledge and skills best prepare him/her to provide instruction in that subject.

Teachers who are assigned to teach core academic subjects shall meet the requirements of the

No Child Left Behind Act (NCLB) pertaining to qualifications of highly qualified teachers.

(20 USC 6319, 7801; 5 CCR 6100-6126)

(cf. 4112.24 - Teacher Qualifications Under the No Child Left Behind Act)

When specifically authorized by law or regulation, the Superintendent or designee may assign a teacher, with his/her consent, to a position outside his/her credential authorization when specifically authorized by law or regulation, and in accordance with the local teaching assignment options described in the Commission on Teacher Credentialing's (CTC)

Administrator's Assignment Manual. Assignments made pursuant to Education Code 44256,

44258.2, and 44263 shall be annually approved by Board resolution. In such cases, the

Superintendent or designee shall reference in district records the statute or regulation under which the assignment is authorized.

(cf. 3580 - District Records)

ASSIGNMENT (continued)

BP 4113(b)

The Superintendent or designee shall periodically report to the Board on teacher assignments and vacancies, including the number and type of assignments made outside a teacher's credential authorization through a local teaching assignment option. Whenever district misassignments and vacancies are reviewed by the County Superintendent of Schools or

Commission on Teacher CredentialingCTC, as applicable, the Superintendent or designee shall report the results to the Board and shall provide recommendations for remedying any identified issues.

(cf. 1312.4 - Williams Uniform Complaint Procedures)

Equitable Distribution of Qualified Teachers

In order to The Superintendent or designee shall ensure that highly qualified and experienced teachers are equitably distributed among district schools, including those with higher than average levels of low-income, minority, and/or academically underperforming students., the Superintendent or designee shall: He/she shall annually report to the Board and the California Department of Education (CDE) comparisons of teacher qualifications across district schools, including the number of teachers serving under a provisional internship

permit, short-term staff permit, intern credential, emergency permit, or credential

waiver.

(cf. 0520.2 - Title I Program Improvement Schools)

Strategies for ensuring equitable access to experienced teachers may include, but are not limited to, incentives for voluntary transfers, provision of professional development, and/or programs to recruit and retain effective teachers.

(cf. 0460 - Local Control and Accountability Plan)

(cf. 4111 - Recruitment and Selection)

(cf. 4114 - Transfers)

(cf. 4131 - Staff Development)

(cf. 4131.1 - Beginning Teacher Support/InductionTeacher Support and Guidance)

(cf. 6171 - Title I Programs)

1. Verify that all teachers of core academic subjects possess the qualifications of highly qualified teachers as required by NCLB or develop immediate and long-term solutions for ensuring that all core academic classes will be taught by highly qualified teachers

2. Not assign teachers with provisional internship permits, short-term staffing permits, or credential waivers to schools that have 40 percent or higher poverty or are ranked in deciles 1-3 on the statewide Academic Performance Index

ASSIGNMENT (continued)

3.

BP 4113(c)

Not place interns in high-poverty, low-performing schools in greater numbers than in schools with low poverty or higher academic achievement

4. Compare teacher retention rates across district schools and develop strategies to recruit and retain experienced and effective teachers in hard-to-staff schools

The Superintendent or designee shall annually report to the Board and the California

Department of Education (CDE) comparisons of teacher qualifications across district schools. When required by the CDE, the Superintendent or designee shall develop an equitable distribution plan to identify strategies for recruiting, developing, and retaining highly qualified teachers in low-performing schools. As needed, the Board may direct the

Superintendent to transfer teachers to high-need schools in accordance with law and the collective bargaining agreement, and/or may align district resources to improve the skills and qualifications of teachers at those schools.

Legal Reference:

EDUCATION CODE

33126 School accountability report card

35035 Additional powers and duties of superintendent

35186 Complaint process

37616 Assignment of teachers to year-round schools

44225.6 Commission report to the legislature re: teachers

44250-44277 Credentials and assignments of teachers

44314 Subject matter programs, approved subjects

44824 Assignment of teachers to weekend classes

44955 Reduction in number of employees

GOVERNMENT CODE

3543.2 Scope of representation

CODE OF REGULATIONS, TITLE 5

6100-6126 Teacher qualifications, No Child Left Behind Act

80003-80005 Credential authorizations

80020-80020.5 Additional assignment authorizations

80335 Performance of unauthorized professional services

80339-80339.6 Unauthorized certificated employee assignment

UNITED STATES CODE, TITLE 20

6311 State plan

6312 Local educational agency plans

6319 Highly qualified teachers

6601-6651 Teacher and Principal Training and Recruiting Fund

7801 Definitions, highly qualified teacher

CODE OF FEDERAL REGULATIONS, TITLE 34

200.55-200.57 Highly qualified teachers

Management Resources: (See next page)

ASSIGNMENT (continued)

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

BP 4113(f)

California State Plan to Ensure Equitable Access to Excellent Educators

Revised State Plan for the No Child Left Behind Act, rev. September 2008

Every Student Succeeds Act 2016-17 School Year Transition Plan, April 2016

COMMISSION ON TEACHER CREDENTIALING PUBLICATIONS

Administrator's Assignment Manual - Updates and Revisions, May 2014

The Administrator's Assignment Manual, rev. September 2007

U.S. DEPARTMENT OF EDUCATION GUIDANCE

Transitioning to the Every Student Succeeds Act (ESSA): Frequently Asked Questions, May 4, 2016

Improving Teacher Quality State Grants: ESEA Title II, Part A, rev. October 5, 2006

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

Commission on Teacher Credentialing: http://www.ctc.ca.gov

Santa Clara County Office of Education, Personnel Management Assistance Team: http://www.sccoe.org/depts/pmat

U.S. Department of Education: http://www.ed.gov

(11/04 3/09) 7/16

Centralia ESD

Administrative Regulation

Certificated Personnel AR 4115(a)

EVALUATION/SUPERVISION

Evaluation of certificated employees shall be conducted in accordance with the procedures established in this administrative regulation and applicable collective bargaining agreements.

To the extent that any of those provisions conflict, the procedures in the collective bargaining agreement shall be implemented.

(cf. 4141/4241 - Collective Bargaining Agreement)

The Superintendent or designee shall print and make available to certificated employees written regulations related to the evaluation of their performance in their assigned duties.

(Education Code 35171)

(cf. 4112.9 - Employee Notifications)

Frequency of Evaluations

Each probationary certificated employee shall be evaluated at least once each school year.

(Education Code 44664)

(cf. 4116 - Probationary/Permanent Status)

(cf. 4117.6 - Decision Not to Rehire)

Each certificated employee with permanent status shall be evaluated and assessed at least every other year. If the employee receives an unsatisfactory evaluation, he/she shall be annually evaluated until he/she achieves a positive evaluation or is separated from the district. (Education Code 44664)

(cf. 4118 - Dismissal/Suspension/Disciplinary Action)

Alternatively, if the evaluator and employee agree, a permanent employee shall be evaluated at least every five years provided he/she a permanent employee who has been employed by the district at least 10 years, and who was rated in his/her previous evaluation as meeting or exceeding standards shall be evaluated at least every five years, if he/she and the

evaluator so agree. , and meets the qualifications of a highly qualified teacher as defined in

20 USC 7801, if his/her position requires such qualifications. Either the evaluator or the employee may withdraw consent for the alternative schedule at any time. (Education Code

44664)

(cf. 4112.24 - Teacher Qualifications Under the No Child Left Behind Act)

EVALUATION/SUPERVISION (continued)

AR 4115(b)

Evaluation Results

Certificated instructional employees shall receive a written copy of their evaluation no later than 30 days before the last scheduled school day of the school year in which the evaluation takes place. Before the last scheduled school day of the school year, the employee and the evaluator shall meet to discuss the evaluation. (Education Code 44663)

Noninstructional certificated staff members employed on a 12-month basis shall receive a copy of their evaluation no later than June 30 of the year in which the evaluation takes place.

Before July 30, the employee and the evaluator shall meet to discuss the evaluation.

(Education Code 44663)

Instructional and noninstructional certificated employees shall have the right to respond in writing to their evaluation. This response shall become a permanent attachment to the employee's personnel file. (Education Code 44663)

(cf. 4112.6/4212.6/4312.6 - Personnel Files)

Evaluations shall include recommendations, if necessary, as to areas in need of improvement in the employee's performance. If an employee is not performing satisfactorily according to teaching standards approved by the Governing Board pursuant to Education Code 44662, the

Superintendent or designee shall so notify the employee in writing and shall describe the unsatisfactory performance. The Superintendent or designee shall confer with the employee, make specific recommendations as to areas needing improvement, and endeavor to provide assistance to the employee in his/her performance. (Education Code 44664)

The Superintendent or designee may require any certificated employee who receives an unsatisfactory rating in the area of teaching methods or instruction to participate in a program designed to improve appropriate areas of performance and to further student achievement and the district's instructional objectives. (Education Code 44664)

1.

2.

3.

(cf. 4131 - Staff Development)

(cf. 4131.1 - Teacher Support and Guidance)

Qualifications of Evaluators

The Superintendent or designee shall assign the principal or other appropriate supervisory personnel to evaluate certificated staff. He/she shall ensure that the evaluator:

Possesses a valid administrative credential

Is competent in the instructional methodologies used by the teachers being evaluated

Is skilled in the supervision of instruction and in techniques and procedures related to the evaluation of instruction

EVALUATION/SUPERVISION (continued)

4.

AR 4115(c)

Is familiar with district curriculum priorities and practices, district standards for student progress, and district policies and procedures related to personnel supervision, performance evaluation, and staff development

(11/07 8/14) 7/16

Centralia ESD

Administrative Regulation

Classified Personnel

TEACHER AIDES/PARAPROFESSIONALS

AR 4222(a)

Qualifications and Duties of Paraprofessionals

OPTION 1: (Districts maintaining high schools)

No person shall be initially assigned to assist in instruction as a paraprofessional unless he/she has demonstrated proficiency in reading, writing, and mathematics skills up to or exceeding that required for the district's local high school seniors pursuant to Education Code

51220(a) and (f). (Education Code 45330, 45344.5, 45361.5)

OPTION 2: (Elementary districts)

No person shall be initially assigned to assist in instruction as a paraprofessional unless he/she has demonstrated proficiency in reading, writing, and mathematics skills up to or exceeding that required for high school seniors pursuant to Education Code 51220(a) and (f) in the high school district that includes all or the largest portion of the district. (Education

Code 45330, 45344.5, 45361.5)

A paraprofessional who has passed a proficiency test in another district and was employed in the same capacity shall be considered to have met the district's proficiency standards, unless the district determines that the other district's test is not comparable. (Education Code

45344.5, 45361.5)

Duties

Instructional aides A paraprofessional shall perform only such duties as, in the judgment of the certificated personnel to whom the instructional aide paraprofessional is assigned, may be performed by a person not licensed as a classroom teacher. These duties shall not include assignment of grades to students. (Education Code 45330, 45344)

(cf. 4112.2 - Certification)

(cf. 5121 - Grades/Evaluation of Student Achievement)

(cf. 6171 - Title I Programs)

Instructional aides need not perform their duties only in the physical presence of the teacher, but the teacher shall retain responsibility for the instruction and supervision of the students in his/her charge. (Education Code 45344)

TEACHER AIDES/PARAPROFESSIONALS (continued)

AR 4222(b)

Additional Qualifications and Duties of Paraprofessionals in Title I Programs

All paraprofessionals working in a program supported by federal Title I funds shall have received a high school diploma or its equivalent. (Education Code 45330; 20 USC 6319; 34

CFR 200.58; Education Code 45330)

In addition, at least one of the following criteria shall be met immediately by paraprofessionals hired on or after January 8, 2002, and by the end of the 2005-06 school year by paraprofessionals hired before January 8, 2002: (20 USC 6319; 34 CFR 200.58;

Education Code 45330)

1. Completion of at least two years of study at an institution of higher education

In accordance with the definition adopted by the State Board of Education, "two years of study" shall be equal to 48 semester units or equivalent quarter units.

2.

3.

Possession of an associate's degree or higher

Knowledge of and ability to assist in instructing reading, writing, and mathematics, as demonstrated through a local or state assessment

A paraprofessional who was hired on or before January 1, 2003, shall be deemed to have met the proficiency exam requirements of item #3 above if he/she has previously demonstrated, through a local assessment, knowledge of and an ability to assist in instructing reading, writing, and mathematics. (Education Code 45330)

When a paraprofessional has previously worked in another district, the Superintendent or designee may determine whether any assessments conducted by the previous district satisfy the proficiency criteria of item #3 above.

Items #1-3 above shall not apply to any paraprofessional: (20 USC 6319; 34 CFR 200.58;

Education Code 45330)

1. Who is proficient in English and a language other than English and who provides services primarily to enhance the participation of children in Title I programs by acting as a translator.

2. Whose duties consist solely of conducting parental involvement activities consistent with 20 USC 6318.

Paraprofessionals working in a program supported by Title I funds may be assigned to: (20

USC 6319; 34 CFR 200.59)

3.

4.

1.

TEACHER AIDES/PARAPROFESSIONALS (continued)

AR 4222(c)

Provide one-on-one tutoring for eligible students, if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher

2. Assist with classroom management, such as organizing instructional and other materials

Provide assistance in a computer laboratory

Conduct parental involvement activities

5.

6.

Provide support in a library or media center

Act as a translator

7. Provide instructional services to students, provided that the paraprofessional is working under the direct supervision of a teacher

Title I paraprofessionals may assume limited duties that are assigned to similar personnel in non-Title I programs, including duties beyond classroom instruction or that do not benefit

Title I students, in the same proportion of total work time as non-Title I paraprofessionals.

(20 USC 6319; 34 CFR 200.59)

The principal of each school operating a Title I program shall annually attest in writing as to whether the school is in compliance with federal requirements regarding qualifications and duties of paraprofessionals listed above. Copies of attestations shall be maintained at the school and district office and shall be available to the public upon request. (20 USC 6319)

Parental Notification

At the beginning of each school year, a parents/guardians shall be notified that he/she they may request information regarding whether his/her their child is provided services by a paraprofessionals and, if so, their the paraprofessional's qualifications. (20 USC 6311 6312)

(cf. 5145.6 - Parental Notifications)

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Centralia ESD

Board Policy

Students

BP 5116.1(a)

INTRADISTRICT OPEN ENROLLMENT

The Governing Board desires to provide enrollment options that meet the diverse needs and interests of district students and parents/guardians, while also balancing enrollment in order to maximizeing the efficient use of district facilities. The Superintendent or designee shall establish procedures for the selection and transfer of students among district schools in accordance with law, Board policy, and administrative regulation.

(cf. 5117 - Interdistrict Attendance)

The parents/guardians of any student who resides within district boundaries may apply to enroll their child in any district school, regardless of the location of their residence within the district. (Education Code 35160.5)

(cf. 5111.1 - District Residency)

The Board shall annually review this policy. (Education Code 35160.5, 48980)

Enrollment Priorities

No student currently residing within a school's attendance area shall be displaced by another student transferring from outside the attendance area. (Education Code 35160.5)

(cf. 5116 - School Attendance Boundaries)

The Superintendent or designee shall grant priority to any district student to attend another district school, including a charter school, outside of his/her attendance area as follows:

1. Any student enrolled in a district school that has been identified on the state's Open

Enrollment Act list (Education Code 48354)

(cf. 5118 - Open Enrollment Act Transfers)

2. Any student enrolled in a district school receiving Title I funds that has been identified for program improvement (PI), corrective action, or restructuring. (20 USC

6316)

(cf. 0420.4 - Charter Schools)

(cf. 0520.2 - Title I Program Improvement Schools)

(cf. 6171 - Title I Programs)

INTRADISTRICT OPEN ENROLLMENT (continued)

BP 5116.1(b)

32. Any student enrolled in a district school designated by the California Department of

Education as "persistently dangerous" (20 USC 7912; 5 CCR 11992)

(cf. 0450 - Comprehensive Safety Plan)

43. Any student who is a victim of a violent crime while on school grounds (20 USC

7912)

54. Upon a finding that special circumstances exist that might be harmful or dangerous to the student in the current attendance area. Special circumstances include, but are not limited to, threats of bodily harm or threats to the emotional stability of the student.

Any such student may transfer to a district school that is at capacity and otherwise closed to transfers. To grant priority under these circumstances, the Superintendent or designee must have received either: (Education Code 35160.5) a. A written statement from a representative of an appropriate state or local agency, such as including, but not necessarily limited to, a law enforcement official, social worker, or a properly licensed or registered professional such as a psychiatrist, psychologist, or marriage and family therapist b. A court order, including a temporary restraining order and injunction

65. Any sibling of a student already in attendance in that school.

76. Any student whose parent/guardian is assigned to that school as his/her primary place of employment.

Application and Selection Process

In order to ensure that priorities for enrollment in district schools are implemented in accordance with law, applications for intradistrict open enrollment shall be submitted between January 15 and March 15 of the school year preceding the school year for which the transfer is requested.

The Superintendent or designee shall calculate each school's capacity in a nonarbitrary manner using student enrollment and available space. (Education Code 35160.5)

Except for priorities listed above, the Superintendent or designee shall use a random, unbiased selection process to determine who shall be admitted whenever the school receives admission requests that are in excess of the school's capacity. (Education Code 35160.5)

INTRADISTRICT OPEN ENROLLMENT (continued)

BP 5116.1(c)

Enrollment decisions shall not be based on a student's academic or athletic performance, except that existing entrance criteria for specialized schools or programs may be used provided that the criteria are uniformly applied to all applicants. Academic performance may be used to determine eligibility for, or placement in, programs for gifted and talented students. (Education Code 35160.5)

(cf. 6172 - Gifted and Talented Student Program)

Transportation

Except as required by 20 USC 6316 for transfers out of Title I PI schools, for students who

transferred out of a Title I program improvement school, the district shall not be obligated to provide transportation for students who attend school outside their attendance area.

(cf. 3250 - Transportation Fees)

(cf. 3540 - Transportation)

Legal Reference:

EDUCATION CODE

200 Prohibition against discrimination

35160.5 District policies; rules and regulations

35291 Rules

35351 Assignment of students to particular schools

46600-46611 Interdistrict attendance agreements

48200 Compulsory attendance

48204 Residency requirements for school attendance

48300-48316 Student attendance alternatives, school district of choice program

48350-48361 Open Enrollment Act

48980 Notice at beginning of term

CODE OF REGULATIONS, TITLE 5

11992-11994 Definition of persistently dangerous schools

UNITED STATES CODE, TITLE 20

6316 Transfers from program improvement schools

6311 State plans

7912 Transfers from persistently dangerous schools

CODE OF FEDERAL REGULATIONS, TITLE 34

200.36 Dissemination of information

200.37 Notice of program improvement status, option to transfer

200.39 Program improvement, transfer option

200.42 Corrective action, transfer option

200.43 Restructuring, transfer option

200.44 Public school choice, program improvement schools

200.48 Transportation funding for public school choice

Legal Reference: (continued on next page)

INTRADISTRICT OPEN ENROLLMENT (continued)

BP 5116.1(d)

Legal Reference: (continued)

COURT DECISIONS

Crawford v. Huntington Beach Union High School District, (2002) 98 Cal.App.4th 1275

ATTORNEY GENERAL OPINIONS

85 Ops.Cal.Atty.Gen. 95 (2002)

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Public School Choice FAQs

Every Student Succeeds Act 2016-17 School Year Transition Plan, April 2016

U.S. DEPARTMENT OF EDUCATION NONREGULATORY GUIDANCEPUBLICATIONS

Transitioning to the Every Student Succeeds Act (ESSA): Frequently Asked Questions, rev. May 4,

2016

Public School Choice, January 2009

Unsafe School Choice Option, May 2004

WEB SITES

CSBA: http://www.csba.org

California Department of Education, Unsafe School Choice Option: http://www.cde.ca.gov/ls/ss/se/usco.asp

U.S. Department of Education, No Child Left Behind: http://www.nclb.gov

U.S. Department of Education: http://www.ed.gov

(11/08 3/11) 7/16

Centralia ESD

Administrative Regulation

Students

INTRADISTRICT OPEN ENROLLMENT

AR 5116.1(a)

Transfers for Victims of a Violent Criminal Offense

Within a reasonable amount of time, not to exceed 14 days, after it has been determined that a student has been the victim of a violent criminal offense while on school grounds, the student's parents/guardians shall be offered an option to transfer their child to an eligible school identified by the Superintendent or designee. In making the determination that a student has been a victim of a violent criminal offense, the Superintendent or designee shall consider the specific circumstances of the incident and consult with local law enforcement as appropriate. Examples of violent criminal offenses include, but are not limited to, attempted murder, battery with serious bodily injury, assault with a deadly weapon, rape, sexual battery, robbery, extortion, or hate crimes.

The Superintendent or designee shall consider the needs and preferences of the affected student and his/her parent/guardian in making the offer. If the parent/guardian elects to transfer his/her child, the transfer shall be completed as soon as practicable.

Transfers from a "Persistently Dangerous" School

Upon receipt of notification from the California Department of Education (CDE) that a district school has been designated as "persistently dangerous," the Superintendent or designee shall provide parents/guardians of students attending the school with the following notifications:

1. Within 10 days of receipt of the notification from CDE, notice of the school's designation

2. Within 20 days of receipt of the notification from CDE, notice of the option to transfer their child

(cf. 0450 - Comprehensive Safety Plan)

Parents/guardians who desire to transfer their child out of a "persistently dangerous" school shall provide a written request to the Superintendent or designee and shall rank-order their preferences from among all schools identified by the Superintendent or designee as eligible to receive transfer students. The Superintendent or designee may establish a reasonable timeline, not to exceed seven school days, for the submission of parent/guardian requests.

The Superintendent or designee shall consider the needs and preferences of students and parents/guardians before making an assignment, but is not obligated to accept the parent/guardian's preference if the assignment is not feasible due to space constraints or other

4.

INTRADISTRICT OPEN ENROLLMENT (continued)

AR 5116.1(b) considerations. For students whose parents/guardians accept the offer, the transfer shall generally be made within 30 school days of receiving the notice of the school's designation from the CDE. If parents/guardians decline the assigned school, the student may remain in his/her current school.

The transfer shall remain in effect as long as the student's school of origin is identified as

"persistently dangerous." The Superintendent or designee may choose to make the transfer permanent based on the educational needs of the student, parent/guardian preferences, and other factors affecting the student's ability to succeed if returned to the school of origin.

The Superintendent or designee shall may cooperate with neighboring districts to develop an interdistrict transfer program in the event that space is not available in a district school.

(cf. 5117 - Interdistrict Attendance)

Other Intradistrict Open Enrollment

Except for transfers for victims of a violent crime and from a "persistently dangerous school," the following procedures shall apply to intradistrict open enrollment:

1. The Superintendent or designee shall identify those schools which may have space available for additional students. A list of those schools and open enrollment applications shall be available at each school site, the district office, and on the district's web site.

2. After the enrollment priorities have been applied in accordance with Board policy, if there are more requests for a particular school than there are spaces available, a random drawing shall be held from the applicant pool. A waiting list shall be established to indicate the order in which applicants may be accepted if openings occur during the year. Late applicants shall not be added to the waiting list for the current year but shall instead wait for a subsequent lottery.

3. The Superintendent or designee shall provide written notification to applicants as to whether their applications have been approved, denied, or placed on a waiting list. If the application is denied, the reasons for denial shall be stated.

Approved applicants must confirm their enrollment within 10 school days.

AR 5116.1(c)

INTRADISTRICT OPEN ENROLLMENT (continued)

Any student who, prior to the 2016-17 school year, was granted a transfer out of a Title

I school that had been identified for program improvement shall be allowed to remain in the school of enrollment until he/she completes the highest grade offered at that school.

(cf. 0520.2 - Title I Program Improvement Schools)

A student granted intradistrict enrollment under other circumstances Once enrolled, a student shall not be required to reapply for readmission. However, the student but may be subject to displacement due to excessive enrollment.

Any complaints regarding the open enrollment process shall be submitted in accordance with the applicable complaint procedure.

(cf. 1312.3 - Uniform Complaint Procedures)

Notifications

Notifications shall be sent to parents/guardians at the beginning of each school year describing all current statutory attendance options and local attendance options available in the district. Such notification shall include: (Education Code 35160.5, 48980)

1. All options for meeting residency requirements for school attendance

(cf. 5111.1 - District Residency)

(cf. 5118 - Open Enrollment Act Transfers)

2. Program options offered within local attendance areas

3. A description of any special program options available on both an interdistrict and intradistrict basis

4. A description of the procedure for application for alternative attendance areas or programs and the appeals process available, if any, when a change of attendance is denied

5. A district application form for requesting a change of attendance

6. The explanation of attendance options under California law as provided by the CDE

(cf. 5145.6 - Parental Notifications)

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Centralia ESD

Board Policy

Students BP 5121(a)

GRADES/EVALUATION OF STUDENT ACHIEVEMENT

The Governing Board believes that grades serve a valuable instructional purpose by helping students and parents/guardians understand performance expectations and identifying the student's areas of strength and those areas needing improvement. Parents/guardians and students have the right to receive course grades that represent an accurate evaluation of the student's achievement academic performance.

(cf. 5020 - Parent Rights and Responsibilities)

(cf. 5125.2 - Withholding Grades, Diploma or Transcripts)

The Superintendent or designee shall establish a uniform grading system based on standards that apply that shall be applied to all students in that course and grade level. Principals and teachers shall ensure that student grades conform to this system. Teachers shall inform students and parents/guardians how student achievement academic performance will be evaluated in the classroom.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

A teacher shall base a student's grades solely on impartial, consistent observation of the quality of the student's academic work and his/her mastery of course content and based on district standards. Students shall have the opportunity to demonstrate this mastery through a variety of methods, such as classroom participation, homework, including, but not limited

to, tests, projects, and portfolios, and/or class discussion as appropriate. Other elements

that are not a direct measure of knowledge and understanding of course content, such as attendance, effort, student conduct, and work habits, shall not be factored into the academic grade but may be reported separately.

(cf. 6011 - Academic Standards)

(cf. 6162.5 - Student Assessment)

Effect of Absences on Grades

If a student misses class without an excuse and does not subsequently turn in homework, take a test, or fulfill another class requirement which he/she missed, the teacher may lower the student's grade for nonperformance.

Whenever a student misses an assignment or assessment due to either an excused or unexcused absence, he/she shall be given full credit for subsequent satisfactory completion of the assignment or assessment.

(cf. 6154 - Homework/Makeup Work)

GRADES/EVALUATION OF STUDENT ACHIEVEMENT (continued)

BP 5121(b)

The Board believes that ________(fill in number) unexcused absences per grading period constitute excessive unexcused absences. Students with excessive unexcused absences may receive a failing grade and not receive credit for the class(es). A teacher may assign a

failing grade to a student who has ___(fill in number)__ or more unexcused absences during the grading period.

(cf. 5113 - Absences and Excuses)

(cf. 5113.1 - Chronic Absence and Truancy)

Students in grades K-3 shall receive progress reports report cards at the end of each

grading period rather than letter grades.

At all grade levels, report cards may include reports of student progress on specific academic standards applicable to the course and grade level.

When reporting student performance to parents/guardians, teachers may add narrative descriptions, observational notes, and/or samples of classroom work in order to better describe student progress in specific skills and subcategories of achievement.

A report card for a student with a disability may contain information about his/her disability, including whether that student received special education or related services, provided that the report card informs parents/guardians about their child's progress or level of achievement in specific classes, course content, or curriculum. However, transcripts that may be used to inform postsecondary institutions or prospective employers of the student's academic achievements shall not contain information disclosing the student's disability.

(cf. 5125 - Student Records)

(cf. 6159 - Individualized Education Program)

(cf. 6164.6 - Identification and Education Under Section 504)

The teacher of each course shall determine the student's grade. A grade assigned by the teacher shall not be changed by the Board or the Superintendent except as provided by law,

Board policy, or administrative regulation. (Education Code 49066)

(cf. 5125.3 - Challenging Student Records)

Grade Point Average

The Superintendent or designee shall determine the methodology to be used in calculating students' grade point average (GPA), including the courses to be included within the GPA and whether extra grade weighting shall be applied to Advanced Placement, International

Baccalaureate, honors, and/or concurrent postsecondary courses.

(cf. 6141.4 - International Baccalaureate Program)

(cf. 6141.5 - Advanced Placement)

(cf. 6172 - Gifted and Talented Student Program)

(cf. 6172.1 - Concurrent Enrollment in College Classes)

Legal Reference: (see next page)

GRADES/EVALUATION OF STUDENT ACHIEVEMENT (continued)

Legal Reference:

EDUCATION CODE

BP 5121(c)

48070 Promotion and retention

48205 Excused absences

48800-48802 Enrollment of gifted students in community college

48904-48904.3 Withholding grades, diplomas, or transcripts

49066 Grades; finalization; physical education class

49067 Mandated regulations regarding student's achievement

49069.5 Students in foster care, grades and credits

51242 Exemption from physical education based on participation in interscholastic athletics

69432.9 Cal Grant program; notification of grade point average

76000-76002 Enrollment in community college

CODE OF REGULATIONS, TITLE 5

10060 Criteria for reporting physical education achievement, high schools

30008 Definition of high school grade point average for student aid eligibility

UNITED STATES CODE, TITLE 20

1232g Family Education Rights and Privacy Act (FERPA)

6101-6251 School-to-Work Opportunities Act of 1994

CODE OF FEDERAL REGULATIONS, TITLE 34

99.1-99.67 Family Educational Rights and Privacy Act

COURT DECISIONS

Owasso Independent School District v. Falvo, (2002) 534 U.S. 426

Las Virgenes Educators Association v. Las Virgenes Unified School District, (2001) 86 Cal.App.4th 1

Swany v. San Ramon Valley Unified School District, (1989) 720 F.Supp. 764

Johnson v. Santa Monica-Malibu Unified School District Board of Education, (1986) 179 Cal.App.3d

593

Management Resources:

CSBA PUBLICATIONS

Research-Supported Strategies to Improve the Accuracy and Fairness of Grades, Governance Brief,

July 2016

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Aiming High: High Schools for the 21st Century, 2002

Taking Center Stage: A Commitment to Standards-Based Education for California's Middle Grades

Students, 2001

Elementary Makes the Grade!, 2000

U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS CORRESPONDENCE

Report Cards and Transcripts for Students with Disabilities, October 17, 2008

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

California Student Aid Commission: http://www.csac.ca.gov

U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr

(11/03 7/09) 7/16

S

N

Centralia ESD

Administrative Regulation

Students

GRADES/EVALUATION OF STUDENT ACHIEVEMENT

AR 5121(a)

The Superintendent or designee shall inform teachers of the district's policy regarding grading, including expectations that grades shall be based on factors that directly measure students' knowledge and skills in the content area and shall not include nonacademic factors.

Written Report cards displaying students' grades in each subject or course shall be distributed to parents/guardians at the end of each grading period. Parents/guardians shall be offered an opportunity to meet with their child's teacher(s) to discuss the grades and strategies to improve their child's performance.

(cf. 6020 - Parent Involvement)

Whenever it becomes evident to a teacher that a student is in danger of failing a course, the teacher shall arrange a conference with the student's parent/guardian or send the parent/guardian a written report. (Education Code 49067)

(cf. 5123 - Promotion/Acceleration/Retention)

For each student in grades 9-12, the Superintendent or designee shall maintain a transcript recording the courses taken, the term that each course was taken, credits earned, final grades, and date of graduation.

(cf. 5125 - Student Records)

(cf. 6146.1 - High School Graduation Requirements)

3

2

1

O

Grades for Achievement Academic Performance

For grades K-6 3, students' level of progress for each grading period shall be reported as follows:

4 Standards Exceeded

Standards Met

Standards Nearly Met

Standards Not Met

Outstanding

Satisfactory

Needs Improvement

GRADES/EVALUATION OF STUDENT ACHIEVEMENT (continued)

AR 5121(b)

B

C

D

For grades 4-12, grades for achievement academic performance shall be reported for each grading period as follows:

A (90-100%) Outstanding Achievement 4.0 grade points

(80-89%)

(70-79%)

(60-69%)

Above Average Achievement

Average Achievement

Below Average Achievement

3.0 grade points

2.0 grade points

1.0 grade points

F

I

(0-59%) Little or No Achievement

Incomplete

0 grade points

0 grade points

An Incomplete shall be given only when a student's work is not finished by the end of the

grading period because of illness or other excused absence. If not made up within six weeks, the Incomplete shall become an 1 F.

Because of the more rigorous nature of Advanced Placement, International Baccalaureate, honors, and concurrent postsecondary courses, students receiving a grade of A, B, or C in those courses shall receive extra grade weighting as follows:

A

B

(90-100%) Outstanding Achievement

(80-89%) Above Average Achievement

C (70-79%) Average Achievement

(cf. 6141.4 - International Baccalaureate Program)

(cf. 6141.5 - Advanced Placement)

(cf. 6172 - Gifted and Talented Student Program)

(cf. 6172.1 - Concurrent Enrollment in College Classes)

5.0 grade points

4.0 grade points

3.0 grade points

Grades for Physical Education

No grade of a student participating in a physical education class may be adversely affected due to the fact that the student, because of circumstances beyond his/her control, does not wear standardized physical education apparel. (Education Code 49066)

(cf. 6142.7 - Physical Education and Activity)

Student performance in high school physical education courses shall be based upon evaluation of the student's individual progress, attainment of goals in each instructional area, tests designed to determine skill and knowledge, and physical performance tests. (5 CCR

10060)

AR 5121(c)

GRADES/EVALUATION OF STUDENT ACHIEVEMENT (continued)

High school students using interscholastic athletic participation to fulfill physical education requirements, as authorized by Education Code 51242, may be graded on this participation provided a teacher credentialed to teach physical education supervises this participation and assigns the grade.

(cf. 6145.2 - Athletic Competition)

Grades for College Courses

When the district has approved a student to receive district credit for coursework completed at a community college or four-year college, he/she shall receive the same letter grade as is granted by the college.

Grades for Citizenship and Work Habits , Study Skills, and Effort

Any grades assigned for Grades for citizenship or work habits, such as effort or study skills, and effort shall be reported as follows:

O

S

Outstanding

Satisfactory

N Needs Improvement

Pass/Fail Grading

The Superintendent or designee may identify courses or programs for which students may, with parent/guardian permission, elect to earn a Pass or Fail grade instead of a letter grade.

Students who receive a Pass grade shall acquire the appropriate semester units of credit for the course. The grade shall not be counted in determining class rank, honors list, or membership in the California Scholarship Federation. Students who receive a Fail grade shall not receive credit for taking the course.

Peer Grading

At their discretion, teachers may use peer grading of student tests, papers, and assignments as appropriate to reinforce lessons.

Repeating Classes

With the approval of the principal or designee, a student may repeat a course in order to raise his/her grade. Both grades received shall be entered on the student's transcript, but the student shall receive credit only once for taking the course. The highest grade received shall be used in determining the student's overall grade point average (GPA).

GRADES/EVALUATION OF STUDENT ACHIEVEMENT (continued)

Withdrawal from Classes

AR 5121(d)

A student who drops a course during the first six weeks of the grading period may do so without any entry on his/her permanent record card. A student who drops a course after the first six weeks of the grading period shall receive an F grade on his/her permanent record, unless otherwise decided by the principal or designee because of extenuating circumstances.

Effect of Absences on Grades

Teachers who choose to withhold class credit because of excessive unexcused absences shall so inform students and parents/guardians of such a possibility at the beginning of the school year or semester. When a student reaches the number of unexcused absences defined as excessive in Board policy, the student and parent/guardian shall again be notified of the district's policy regarding excessive unexcused absences.

(cf. 5113 - Absences and Excuses)

(cf. 5113.1 - Chronic Absence and Truancy)

The student and parent/guardian shall have a reasonable opportunity to explain the absences.

(Education Code 49067)

If a student receives a failing grade because of excessive unexcused absences, the student's record shall specify that the grade was assigned because of excessive unexcused absences.

(Education Code 49067)

Grades for a student in foster care shall not be lowered if the student is absent for any reason specified in Education Code 49069.5.

(cf. 6173.1 - Education for Foster Youth)

Grade Point Average

The Superintendent or designee shall calculate each student's GPA using the grade point assigned to each letter grade in accordance with the scale described in the section "Grades for

Achievement Academic Performance" above. The grade points for all applicable coursework shall be totaled and divided by the number of courses completed. Pass/Fail grades shall not be included in the determination of a student's GPA.

(cf. 5126 - Awards for Achievement)

(cf. 6145 - Extracurricular and Cocurricular Activities)

GRADES/EVALUATION OF STUDENT ACHIEVEMENT (continued)

AR 5121(f)

OPTION 1: When plus and minus designations are added to letter grades, they shall not be considered in determining GPA.

OPTION 2: When plus and minus designations are added to letter grades, a plus shall be computed by adding 0.3 to the value assigned the letter grade and a minus shall be computed by subtracting 0.3 from the value assigned to the letter grade.

Each academic year, the Superintendent or designee shall provide to the Student Aid

Commission the GPA of all district students in grade 12, except for students who have opted out or are permitted by the rules of the Student Aid Commission to provide test scores in lieu of the GPA. (Education Code 69432.9)

(7/09 7/15) 7/16

Centralia ESD

Board Policy

Students BP 5131.62(a)

TOBACCO

The Governing Board recognizes the serious health risks presented by tobacco use and desires to ensure that, through adoption of consistent policies, district students are made aware of those risks and, to the extent possible, protected from them. The Superintendent or designee shall establish a coordinated school health system which includes a comprehensive behavioral health education component that teaches students the knowledge, skills, and attitudes they need in order to lead healthy lives and avoid high-risk behaviors, such as tobacco use.

(cf. 5141.23 - Asthma Management)

The Superintendent or designee shall provide prevention, intervention, and cessation education, information, activities, and/or referrals to district students and shall ensure consistent enforcement of district policies prohibiting student possession and use of tobacco products.

Prohibition Against Tobacco Use

Students shall not possess, smoke, or use tobacco or any product containing tobacco or nicotine while on campus, while attending school-sponsored activities, or while under the supervision and control of district employees. Prohibited products include, but are not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. (Education Code 48900, 48901)

(cf. 3513.3 - Tobacco-Free Schools)

(cf. 5131 - Conduct)

(cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

Students' possession or use of electronic cigarettes, electronic hookahs, and other vaporemitting devices, with or without nicotine content, that mimic the use of tobacco products is also prohibited.

Smoking means inhaling, exhaling, burning, or carrying of any lighted or heated cigar, cigarette, pipe, tobacco, or plant product intended for inhalation, whether natural or synthetic, in any manner or form, and includes the use of an electronic smoking device that creates aerosol or vapor or of any oral smoking device for the purpose of circumventing the prohibition of smoking. (Business and Professions Code 22950.5;

Education Code 48901)

BP 5131.62(b)

TOBACCO (continued)

Tobacco products include: (Business and Professions Code 22950.5; Education Code

48901)

1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff

2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah

3. Any component, part, or accessory of a tobacco product, whether or not sold separately

These prohibitions do not apply to a student's possession or use of his/her own prescription products. However, student possession or use of prescription products in school shall be subject to the district's policy and regulation for addressing the administration of medications on campus. (Education Code 48900)

(cf. 5141.21 - Administering Medication and Monitoring Health Conditions)

Prevention Instruction

The district shall provide developmentally appropriate tobacco-use prevention instruction for students at selected grade levels from K-6 12 pursuant to Education Code 51202. Such instruction shall be aligned with state content standards and the state curriculum framework for health education and with any requirements of state and/or federal grant programs in which the district participates.

(cf. 6142.8 - Comprehensive Health Education)

(cf. 6143 - Courses of Study)

Intervention/Cessation Services

The district may provide or refer students to counseling, intensive education, and other intervention services to assist in the cessation of tobacco use. Such intervention services shall be provided as an alternative to suspension for tobacco possession.

(cf. 1020 - Youth Services)

(cf. 5141.6 - School Health Services)

(cf. 5146 - Married/Pregnant/Parenting Students)

(cf. 6164.2 - Guidance/Counseling Services)

TOBACCO (continued)

BP 5131.62(c)

Program Planning

The district's tobacco-use prevention and intervention program shall be based on an assessment of tobacco-use problems in district schools and the community, an examination of existing services and activities in the community, and a determination of high-risk student populations that are most in need of district services.

The Superintendent or designee shall coordinate with the local health department and county office of education in program planning and implementation. He/she may establish an advisory council including students, parents/guardians, district staff, representatives of the local health department and community organizations, law enforcement professionals, and/or others with demonstrated expertise in tobacco prevention and cessation.

(cf. 1220 - Citizen Advisory Councils)

(cf. 1400 - Relations Between Other Governmental Agencies and the Schools)

The Superintendent or designee also shall coordinate the district's tobacco-use prevention and intervention program with other district efforts to reduce students' use of illegal substances and to promote student wellness.

(cf. 5030 - Student Wellness)

(cf. 5131.6 - Alcohol and Other Drugs)

(cf. 5131.63 - Steroids)

The Superintendent or designee shall select tobacco-use prevention programs based on the model program designs identified by the California Department of Education (CDE) and may adapt the model to meet district needs. (Health and Safety Code 104420)

The Superintendent or designee shall not accept for distribution any materials or advertisements that promote the use or sale of tobacco products. He/she also shall not accept tobacco-use prevention or intervention funds or materials from the tobacco industry or from any entity which is known to have received funding from the tobacco industry.

(cf. 1325 - Advertising and Promotion)

(cf. 3290 - Gifts, Grants and Bequests)

(cf. 6161.1 - Selection and Evaluation of Instructional Materials)

Program Evaluation

To evaluate the effectiveness of the district's program and ensure accountability, the

Superintendent or designee shall biennially administer the California Healthy Kids Survey or other appropriate student survey at selected grade levels in order to assess student attitudes

BP 5131.62(d)

TOBACCO (continued) toward tobacco and student use of tobacco. He/she also shall annually report to the Board, and to the CDE if required, the data specified in Health and Safety Code 104450.

(cf. 0500 - Accountability)

(cf. 5022 - Student and Family Privacy Rights)

(cf. 6162.8 - Research)

The results of program evaluations shall be used to refine program goals and objectives and make changes as needed to strengthen program implementation.

Legal Reference:

EDUCATION CODE

8900 Suspension or expulsion (grounds)

48900.5 Suspension, limitation on imposition; exception

48901 Smoking or use of tobacco prohibited

51202 Instruction in personal and public health and safety

60041 Instructional materials, portrayal of effects of tobacco use

BUSINESS AND PROFESSIONS CODE

22950.5 Stop Tobacco Access to Kids Enforcement Act; definitions

HEALTH AND SAFETY CODE

104350-104495 Tobacco-use prevention education

104559 Tobacco use prohibition

119405 Unlawful to sell or furnish electronic cigarettes to minors

PENAL CODE

308 Minimum age for tobacco possession

CODE OF REGULATIONS, TITLE 17

6800 Definition, health assessment

6844-6847 Child Health and Disability Prevention program; health assessments

UNITED STATES CODE, TITLE 20

7100-7117 Safe and Drug Free Schools and Communities Act

7111-7122 Student Support and Academic Enrichment Grants

CODE OF FEDERAL REGULATIONS, TITLE 21

1140.1-1140.34 Unlawful sale of cigarettes and smokeless tobacco to minors

ATTORNEY GENERAL OPINIONS

88 Ops.Cal.Atty.Gen. 8 (2005)

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

TUPE Acceptance of Funds Guidance

Health Education Content Standards for California Public Schools: Kindergarten Through Grade

Twelve, 2008

Health Framework for California Public Schools: Kindergarten Through Grade Twelve, 2003

Getting Results: Part II California Action Guide to Tobacco Use Prevention Education, 2000

WEST ED PUBLICATIONS

Guidebook for the California Healthy Kids Survey

Management Resources: (continued on next page)

TOBACCO (continued)

Management Resources: (continued)

BP 5131.62(e)

WEB SITES

CSBA: http://www.csba.org

California Department of Education, Tobacco-Use Prevention Education: http://www.cde.ca.gov/ls/he/at/tupe.asp

California Department of Public Health, Tobacco Control: http://www.cdph.ca.gov/programs/tobacco

California Healthy Kids Resource Center: http://www.californiahealthykids.org

California Healthy Kids Survey: http://www.wested.org/hks

Centers for Disease Control and Prevention, Smoking and Tobacco Use: http://www.cdc.gov/tobacco

U.S. Surgeon General: http://www.surgeongeneral.gov

(3/11 4/14) 7/16

Centralia ESD

Administrative Regulation

Instruction

INDEPENDENT STUDY

AR 6158(a)

Educational Opportunities

Educational opportunities offered through independent study may include, but are not limited to: (Education Code 51745)

1. Special assignments extending the content of regular courses of instruction

(cf. 6143 - Courses of Study)

2. Individualized study in a particular area of interest or in a subject not currently available in the regular school curriculum

3. Individualized alternative education designed to teach the knowledge and skills of the core curriculum, but not provided as an alternative curriculum

4. Continuing and special study during travel

(cf. 5112.3 - Student Leave of Absence)

5. Volunteer community service activities and leadership opportunities that support and strengthen student achievement

(cf. 0420.4 - Charter School Authorization)

(cf. 6142.4 - Service Learning/Community Service Classes)

(cf. 6181 - Alternative Schools/Programs of Choice)

In addition, when requested by a parent/guardian due to an emergency, vacation, or illness, independent study may be used on a short-term basis to ensure that the student is able to maintain academic progress in his/her regular classes.

(cf. 5113 - Absences and Excuses)

No course required for high school graduation shall be offered exclusively through independent study. (Education Code 51745)

(cf. 6146.1 - High School Graduation Requirements)

INDEPENDENT STUDY (continued)

Equivalency

AR 6158(b)

The district's independent study option shall be substantially equivalent in quality and quantity to classroom instruction to enable participating students to complete the district's adopted course of study within the customary timeframe. Students in independent study shall have access to the same services and resources that are available to other students in the school and shall have equal rights and privileges. (5 CCR 11700, 11701.5)

(cf. 0410 - Nondiscrimination in District Programs and Activities)

The district shall not provide independent study students and their parents/guardians with funds or items of value that are not provided for other students and their parents/guardians.

(Education Code 46300.6, 51747.3)

Eligibility for Independent Study

Provided that experienced certificated staff are available to effectively supervise students in independent study, the Superintendent or designee may approve the participation of a student who demonstrates the motivation, commitment, organizational skills, and academic skills necessary to work independently. A student whose academic performance is not at grade level may participate in independent study only if the program is able to provide appropriate support, such as supplemental instruction, tutoring, counseling, ongoing diagnostic assessments, and/or differentiated materials, to enable the student to be successful. For an elementary student, the Superintendent or designee may consider the parent/guardian's level of commitment to assist the student.

A student participating in independent study must be a resident of the county or an adjacent county. Full-time independent study shall not be available to students whose district residency status is based on their parent/guardian's employment within district boundaries pursuant to Education Code 48204. (Education Code 46300.2, 51747.3)

(cf. 5111.1 - District Residency)

For a student with disabilities, as defined in Education Code 56026, participation in independent study shall be approved only if his/her individualized education program specifically provides for such participation. (Education Code 51745)

(cf. 6159 - Individualized Education Program)

A temporarily disabled student shall not receive individual instruction pursuant to Education

Code 48206.3 by means of independent study. (Education Code 51745)

(cf. 6183 - Home and Hospital Instruction)

INDEPENDENT STUDY (continued)

AR 6158(c)

Students age 21 or older, and students age 19 or older who have not been continuously enrolled in school since their 18th birthday, may participate in independent study only through the adult education program for the purpose of enrolling in courses required for a high school diploma by Education Code 51225.3 or the Governing Board. (Education Code

46300.1, 46300.4)

(cf. 6200 - Adult Education)

No more than 10 percent of the students enrolled in a continuation high school or opportunity school or program, not including pregnant students and parenting students who are primary caregivers for one or more of their children, shall be enrolled in independent study.

(Education Code 51745)

(cf. 5146 - Married/Pregnant/Parenting Students)

(cf. 6184 - Continuation Education)

Master Agreement

A written agreement shall be developed and implemented for each student participating in independent study for five or more consecutive school days. (Education Code 46300, 51747;

5 CCR 11703)

The agreement shall include general student data, including the student's name, address, grade level, birth date, school of enrollment, and program placement.

The independent study agreement for each participating student also shall include, but not be limited to, all of the following: (Education Code 51747; 5 CCR 11700, 11702)

1. The manner, time, frequency, and place for submitting the student's assignments and for reporting his/her progress

2. The objectives and methods of study for the student's work and the methods used to evaluate that work

3. The specific resources, including materials and personnel, that will be made available to the student

4. A statement of the Board's policy detailing the maximum length of time allowed between an assignment and its completion and the number of missed assignments, by grade level and type of program, which will trigger an evaluation of whether the student should be allowed to continue in independent study

5.

INDEPENDENT STUDY (continued)

AR 6158(d)

The duration of the independent study agreement, including the beginning and ending dates for the student's participation in independent study under the agreement, with a maximum of one school year

6. A statement of the number of course credits or, for an elementary student, other measures of academic accomplishment appropriate to the agreement, to be earned by the student upon completion

7. A statement that independent study is an optional educational alternative in which no student may be required to participate

8. In the case of a suspended or expelled student who is referred or assigned to any school, class, or program pursuant to Education Code 48915 or 48917, a statement that instruction may be provided through independent study only if the student is offered the alternative of classroom instruction

(cf. 5144.1 - Suspension and Expulsion/Due Process)

9. Signatures of the student, the parent/guardian or caregiver of the student if the student is under age 18 years, the certificated employee responsible for the general supervision of independent study, and all persons who have direct responsibility for providing assistance to the student

The parent/guardian's signature on the agreement shall constitute permission for the student to receive instruction through independent study.

The signed, dated agreement may be maintained on file electronically. (Education Code

51747)

Course-Based Independent Study

The district shall offer a course-based independent study program for students in grades K-12 subject to the following requirements: (Education Code 51749.5)

1. Courses shall be taught under the general supervision of certificated employees who hold the appropriate subject matter credential and are employed by the district or by another district, charter school, or county office of education with which the district has a memorandum of understanding to provide the instruction.

(cf. 4112.2 - Certification)

AR 6158(e)

INDEPENDENT STUDY (continued)

2. Courses shall be annually certified by Board resolution to be of the same rigor and educational quality as equivalent classroom-based courses and shall be aligned to all relevant local and state content standards. This certification shall, at a minimum, include the duration, number of equivalent daily instructional minutes for each school day that student is enrolled, number of equivalent total instructional minutes, and number of course credits for each course, consistent with that of equivalent classroom-based courses.

3. Students enrolled in these courses shall meet the applicable age requirements established pursuant to Education Code 46300.1 and 46300.4 and the applicable residency and enrollment requirements established pursuant to Education Code

46300.2, 48204, and 51747.3.

4. Teachers shall communicate with each student in person, by telephone, or by any other live visual or audio connection at least twice per calendar month to assess whether the student is making satisfactory educational progress. For this purpose, satisfactory educational progress includes, but is not limited to, applicable statewide accountability measures and the completion of assignments, examinations, or other indicators that the student is working on assignments, learning required concepts, and progressing toward successful completion of the course, as determined by the teacher providing instruction.

Written or computer-based evidence of satisfactory educational progress shall be retained for each course and student, including, at a minimum, a grade book or summary document that lists all assignments, examinations, and associated grades for each course.

If satisfactory educational progress is not being made, the teacher shall notify the student and, if the student is under age 18 years, his/her parent/guardian. The teacher shall conduct an evaluation to determine whether it is in the student's best interest to remain in the course or whether he/she should be referred to an alternative program, which may include, but is not limited to, a regular school program. A written record of the evaluation findings shall be a mandatory interim student record maintained for three years from the date of the evaluation. If the student transfers to another

California public school, the record shall be forwarded to that school.

(cf. 5125 - Student Records)

5. Examinations shall be administered by a proctor.

AR 6158(f)

INDEPENDENT STUDY (continued)

6. Statewide testing results shall be reported and assigned to the school at which the student is enrolled and shall be included in the aggregate results of the district. Test results also shall be disaggregated for purposes of comparisons with the test results of students enrolled in classroom-based courses.

(cf. 6162.51 - State Academic Achievement Tests)

7. A student shall not be required to enroll in courses included in this program.

8. The student-teacher ratio in the courses in this program shall meet the requirements of

Education Code 51745.6.

9. For each student, the combined equivalent daily instructional minutes for courses in this program and all other courses shall meet applicable minimum instructional day requirements, and the student shall be offered the minimum annual total equivalent instructional minutes pursuant to Education Code 46200-46208.

(cf. 6111 - School Calendar)

(cf. 6112 - School Day)

10. Courses required for high school graduation or for admission to the University of

California or California State University shall not be offered exclusively through independent study.

11. A student participating in this program shall not be assessed a fee that is prohibited by

Education Code 49011.

(cf. 3260 - Fees and Charges)

12. A student shall not be prohibited from participating in independent study solely on the basis that he/she does not have the materials, equipment, or Internet access necessary to participate in the course.

Before enrolling a student in a course within this program, the Superintendent or designee shall provide the student and, if the student is under age 18 years, his/her parent/guardian with a written learning agreement that includes all of the following: (Education Code

51749.6)

A summary of the district's policies and procedures related to this program 1.

2. The duration of the enrolled course(s) and the number of course credits for each enrolled course, consistent with the Board certifications made pursuant to item #2 above

AR 6158(g)

INDEPENDENT STUDY (continued)

3. The duration of the learning agreement, which shall not exceed a school year or span multiple school years

4. The learning objectives and expectations for each course, including, but not limited to, a description of how satisfactory educational progress is measured and when a student evaluation is required to determine whether the student should remain in the course or be referred to an alternative program, which may include, but is not limited to, a regular school program

5. The specific resources, including materials and personnel, that will be made available to the student

6.

7.

A statement that the student is not required to enroll in courses in this program

Signatures of the student, the student's parent/guardian if the student is under age 18 years, and all teachers providing instruction

The student's or parent/guardian's signature shall constitute permission for the student to receive instruction through independent study. (Education Code 51749.6)

The Superintendent or designee shall retain a physical or electronic copy of the signed learning agreement for at least three years and as appropriate for auditing purposes.

(Education Code 51749.6)

Monitoring Student Progress

The independent study administrator and/or supervising teacher shall promptly and directly

4. address any failure by the student to meet the terms of his/her written agreement. The following supportive strategies may be used:

1.

2.

A letter to the student and/or parent/guardian

A meeting between the student and the teacher and/or counselor

3. A meeting between the student and the independent study administrator, including the parent/guardian if appropriate

An increase in the amount of time the student works under direct supervision

INDEPENDENT STUDY (continued)

AR 6158(h)

When the student has missed the number of assignments specified in the written agreement as requiring an evaluation, the Superintendent or designee shall conduct an evaluation to determine whether or not independent study is appropriate for the student. This evaluation may result in termination of the independent study agreement and the student's return to the regular classroom program or other alternative program.

A written record of the findings of any such evaluation shall be treated as a mandatory interim student record which shall be maintained for three years from the date of the evaluation. (Education Code 51747)

Independent study students who are late, miss scheduled conferences, or do not submit assigned work on time shall not be reported as tardy or truant.

Responsibilities of Independent Study Administrator

The responsibilities of the independent study administrator include, but are not limited to:

1. Recommending certificated staff to be assigned as independent study teachers and supervising staff assigned to independent study functions who are not regularly supervised by another administrator

2.

3.

4.

Approving or denying the participation of students requesting independent study

Facilitating the completion of written independent study agreements

Ensuring a smooth transition for students into and out of the independent study mode of instruction

5.

6.

Approving all credits earned through independent study

Completing or coordinating the preparation of all records and reports required by law,

Board policy, or administrative regulation

Assignment and Responsibilities of Independent Study Teachers

Each student's independent study shall be coordinated, evaluated, and carried out under the general supervision of a certificated employee who consents to the assignment. (Education

Code 44865, 51747.5; 5 CCR 11700)

The ratio of student average daily attendance for independent study students age 18 years or younger to full-time equivalent certificated employees responsible for independent study shall not exceed the equivalent ratio for all other education programs in the district, unless a

INDEPENDENT STUDY (continued)

AR 6158(i)

2.

3. new higher or lower ratio for all other educational programs offered is negotiated in a collective bargaining agreement or the district enters into a memorandum of understanding that indicates an existing collective bargaining agreement contains an alternative ratio.

(Education Code 51745.6)

The responsibilities of the supervising teacher shall include, but are not limited to:

1. Completing designated portions of the written independent study agreement

Supervising and approving coursework and assignments

Maintaining records of student assignments showing the date the assignment is given and the date the assignment is due

4. Maintaining a daily or hourly attendance register in accordance with item #4 in the section on "Records" below

5.

6.

Providing direct instruction and counsel as necessary for individual student success

Regularly meeting with the student to discuss the student's progress

7. Determining the time value of assigned work or work products completed and submitted by the student

8. Assessing student work and assigning grades or other approved measures of achievement

The Superintendent or designee shall ensure that independent study teachers have access to professional development and support comparable to classroom-based teachers.

(cf. 4131 - Staff Development)

Records

The Superintendent or designee shall ensure that records are maintained for audit purposes.

These records shall include, but not be limited to: (Education Code 51748; 5 CCR 11703)

1. A copy of the Board policy, administrative regulation, and other procedures related to independent study

2.

INDEPENDENT STUDY (continued)

AR 6158(j)

A listing of the students, by grade level, program, and school, who have participated in independent study, along with the units of the curriculum attempted and completed by students in grades K-8 and the course credits attempted by and awarded to students in grades 9-12 and adult education

3. A file of all agreements, with representative samples of each student's work products bearing the supervising teacher's notations indicating that he/she has personally evaluated the work or that he/she has personally reviewed the evaluations made by another certificated teacher

4. As appropriate to the program in which the students are participating, a daily or hourly attendance register that is separate from classroom attendance records, maintained on a current basis as time values of student work products judged by a certificated teacher, and reviewed by the supervising teacher if they are two different persons

(cf. 3580 - District Records)

The Superintendent or designee also shall maintain a record of grades and other evaluations issued to each student for independent study assignments.

The signed, dated agreement, any supplemental agreement, assignment records, work

samples, and attendance records may be maintained on file electronically. (Education

Code 51747)

(10/15 5/16) 7/16

Centralia ESD

Administrative Regulation

Instruction

AR 6164.41(a)

CHILDREN WITH DISABILITIES ENROLLED BY THEIR PARENTS IN

PRIVATE SCHOOL

Definitions

Parentally placed private school children with disabilities means children with disabilities who are voluntarily enrolled by their parents/guardians in a private school or facility within district boundaries, including children who are attending a private school or facility within district boundaries but who reside in another district or state. (34 CFR 300.130, 300.131)

Private school or facility means a private full-time day school, including a religious school, located within district boundaries, that has filed an affidavit with the California Department of Education pursuant to Education Code 33190 and is registered in the California Private

School Directory.

Consultation with Private School Representatives

The Superintendent or designee shall consult with all private school representatives and representatives of parents/guardians of parentally placed private school children with disabilities during the design and development of equitable services for the children. In order to ensure a meaningful and timely consultation, the consultation shall include: (20 USC

1412(a)(3); 34 CFR 300.134; Education Code 56301)

1. The child find process and how parentally placed private school children suspected of having a disability can participate equitably

2. How parents/guardians, teachers, and private school officials will be informed of the child find process

3. The determination of the proportionate share of federal funds available to serve parentally placed private school children with disabilities and how this share is calculated

4. How the consultation process will operate throughout the school year to ensure that identified children can meaningfully participate in equitable services

5. How, where, and by whom equitable services will be provided including a discussion about the types of services, alternate service delivery mechanisms, how services will be apportioned if funds are insufficient to serve all of the identified children, and how and when those decisions will be made

AR 6164.41(b)

CHILDREN WITH DISABILITIES ENROLLED BY THEIR PARENTS IN

PRIVATE SCHOOL (continued)

6. In the event that the district and private school disagree on the provision of or the types of services, how the district will provide the private school officials with a written explanation of the reasons that the district chose to not provide the services

When meaningful and timely consultation has occurred, the district shall obtain a written affirmation signed by the representatives of participating private schools. If the private school representatives do not provide the affirmation within a reasonable period of time, the district shall forward documentation of the consultation process to the California Department of Education. (34 CFR 300.135; Education Code 56172)

After the consultation has occurred, the district shall ensure an annual count of the number of parentally placed children with disabilities attending private schools located within the district. This count shall be conducted between October 1 and December 1 each year and shall be used to determine the amount the district must spend on providing equitable services to the children in the subsequent fiscal year. (34 CFR 300.133)

Provision of Services

A child with a disability parentally placed in a private school has no individual right to receive some or all of the special education and related services that he/she would receive if enrolled in public school. Such a child may receive a different amount of services than students with disabilities in public schools. (34 CFR 300.137, 300.138)

(cf. 6164.4 - Identification and Evaluation of Individuals for Special Education)

The district shall evaluate all identified parentally placed private school children with disabilities for purposes of considering them for equitable services. This evaluation shall be conducted in accordance with the timelines and procedures for evaluating public school students with disabilities pursuant to 34 CFR 300.300-300.311, including providing the parent/guardian with a copy of the procedural safeguards notice. (34 CFR 300.131, 300.504)

(cf. 6159.1 - Procedural Safeguards and Complaints for Special Education)

In order to ensure that each child entitled to special education and related services from the district receives an offer of a free appropriate public education (FAPE), the district where the child resides shall develop an individualized education program (IEP) for each identified child who attends a private school located in the district and who resides in the district.

AR 6164.41(c)

CHILDREN WITH DISABILITIES ENROLLED BY THEIR PARENTS IN

PRIVATE SCHOOL (continued)

However, the district shall not develop an IEP if the parent/guardian makes clear his/her intention to keep the child enrolled in private school. In such situations, the district shall obtain written certification confirming the parent/guardian's intention to keep his/her child enrolled in private school, including the fact that he/she is not interested in the development of an IEP or the district's offer of FAPE. If the parent/guardian does not provide confirmation in writing, the district shall obtain oral confirmation of the parent/guardian's intention and confirm the conversation in writing.

If the child resides in a different district, then this district and the district of residence shall work together to ensure that the parent/guardian receives an offer of FAPE in accordance with law.

The district shall develop and implement an individual services plan (ISP) for each identified private school child with a disability that describes the equitable services that the district will provide, as agreed to by the district and private school representatives during the consultation process. (34 CFR 300.138)

The ISP shall be developed, reviewed, and revised consistent with 34 CFR 300.121-300.324.

A representative of the private school shall be invited to attend each ISP team meeting. If the representative cannot attend the meeting, the district shall use other methods to ensure the representative's participation, including individual or conference calls. (34 CFR 300.137,

300.138)

(cf. 6159 - Individualized Education Program)

The district may provide services on the private school premises, including a religious school, to the extent consistent with law. The services shall be provided by personnel meeting the same standards as personnel providing services in the public school, except private school teachers providing the services do not need to meet the requirements of the No

Child Left Behind Act for "highly qualified special education teacher" pursuant to 34 CFR

300.18. The personnel shall either be district employees or contractors of the district. (34

CFR 300.138, 300.139)

(cf. 4112.24 - Teacher Qualifications Under the No Child Left Behind Act)

The district shall offer transportation to the child if services are provided on a site other than the child's school and the ISP team determines that transportation is necessary for the child to benefit from or participate in the services provided in the ISP. Depending on the timing of the services, the district shall provide transportation from the child's school or home to the service site and from the service site to the child's school or home. (34 CFR 300.139)

AR 6164.41(e)

CHILDREN WITH DISABILITIES ENROLLED BY THEIR PARENTS IN

PRIVATE SCHOOL (continued)

The district may place equipment and supplies in a private school for the period of time necessary to provide the services pursuant to the ISP. All such equipment shall remain the property of the district and must be able to be removed without causing damage to the private school. The district shall remove the equipment when no longer required by the child, when the child no longer attends the private school, or when removal is necessary to prevent unauthorized use. (34 CFR 300.144)

(3/07) 7/16

Centralia ESD

Board Policy

Instruction

BP 6179(a)

SUPPLEMENTAL INSTRUCTION

The Governing Board recognizes that high-quality supplemental instruction can motivate and support students to attain grade-level academic standards, overcome academic deficiencies, and/or acquire critical skills. The district shall offer programs of direct, systematic, and intensive supplemental instruction to meet student needs. Supplemental instruction shall be offered in accordance with law and may be used to assist the district in meeting its goals for student achievement.

(cf. 0460 - Local Control and Accountability Plan)

(cf. 5113.1 - Chronic Absence and Truancy)

(cf. 5147 - Dropout Prevention)

(cf. 6011 - Academic Standards)

(cf. 6146.1 - High School Graduation Requirements)

(cf. 6146.5 - Elementary/Middle School Graduation Requirements)

(cf. 6164.5 - Student Success Teams)

Supplemental instruction may be offered during and outside the regular school day, including during the summer, before school, after school, on Saturday, and/or during intersessions.

When supplemental instruction is offered during the regular school day, it shall not supplant the student's instruction in the core curriculum areas or physical education.

(cf. 5148.2 - Before/After School Programs)

(cf. 6111 - School Calendar)

(cf. 6112 - School Day)

(cf. 6142.7 - Physical Education and Activity)

(cf. 6176 - Weekend/Saturday Classes)

(cf. 6177 - Summer Learning Programs)

As appropriate, supplemental instruction may be provided through a classroom setting, individual or small group instruction, technology-based instruction, and/or an arrangement with a community or other external service provider.

(cf. 1020 - Youth Services)

When determined to be necessary by the principal or designee, a student may be required to participate in supplemental instruction outside the regular school day. In such cases, written parent/guardian consent shall be obtained for the student's participation.

Supplemental instruction shall be offered to: 1. students in grades 2-9 who have been retained or recommended for retention at their current grade level. (Education Code

37252.2, 48070.5)

(cf. 5123 - Promotion/Acceleration/Retention)

SUPPLEMENTAL INSTRUCTION (continued)

BP 6179(b)

2. Eligible students from low-income families whenever the district or a district school receiving federal Title I funds has been identified by the California Department of

Education for program improvement for two or more consecutive years (20 USC

6316)

The district shall offer alternative supports designed to increase the academic achievement of socioeconomically disadvantaged students attending schools identified by the California Department of Education for program improvement for two or more consecutive years.

(cf. 0520.2 - Title I Program Improvement Schools)

(cf. 0520.3 - Title I Program Improvement Districts)

In addition, supplemental instruction may be offered to:

1. Students who are identified as being at risk for retention based on state assessment results, grades, or other indicators

(cf. 5121 - Grades/Evaluation of Student Achievement)

(cf. 6162.51 - State Academic Achievement Tests)

2. Students who demonstrate academic deficiencies that may jeopardize their attainment of academic standards

(cf. 6142.6 - Visual and Performing Arts Education)

(cf. 6142.7 - Physical Education and Activity)

(cf. 6142.91 - Reading/Language Arts Instruction)

(cf. 6142.92 - Mathematics Instruction)

(cf. 6142.93 - Science Instruction)

(cf. 6142.94 - History-Social Science Instruction)

3. High school students who need support to successfully complete courses required for graduation

Legal Reference: (see next page)

BP 6179(c)

SUPPLEMENTAL INSTRUCTION (continued)

Legal Reference:

EDUCATION CODE

37200-37202 School calendar

37223 Weekend classes

37252-37254.1 Supplemental instruction, summer school

42238.01-42238.07 Local control funding formula

46100 Length of school day

48070-48070.5 Promotion and retention

48200 Compulsory education

48985 Translation of notices

51210-51212 Courses of study, elementary schools

51220-51228 Courses of study, secondary schools

52060-52077 Local control and accountability plan

60603 Definitions, core curriculum areas

60640-60649 California Assessment of Student Performance and Progress

60850-60859 High school exit examination, especially:

60851.5 Suspension of high school exit examination

CODE OF REGULATIONS, TITLE 5

11470-11472 Summer school

UNITED STATES CODE, TITLE 20

6316 Program improvement schools and districts

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Every Student Succeeds Act 2016-17 School Year Transition Plan, April 2016

U.S. DEPARTMENT OF EDUCATION GUIDANCE

Supplemental Educational Services, January 14, 2009

Innovations in Education: Creating Strong Supplemental Educational Services Programs, May 2004

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

U.S. Department of Education: http://www.ed.gov

(12/13 12/15) 7/16

CSBA Sample

Board Policy

Community Relations

UNIFORM COMPLAINT PROCEDURES

BP 1312.3(a)

The Governing Board recognizes that the district has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The Board encourages the early, informal resolution of complaints whenever possible and appropriate. To resolve complaints which cannot be resolved through such informal may require a more formal process, the Board adopts the uniform system of complaint processes specified in 5 CCR 4600-4670 and the accompanying administrative regulation.

The district's uniform complaint procedures (UCP) shall be used to investigate and resolve the following complaints:

1.

Any complaint alleging district violation of applicable state or federal law or regulations governing adult education programs, consolidated categorical aid programs, after school education and safety programs, migrant education, career technical and technical education and training programs, child care and development programs, child nutrition programs, and special education programs, consolidated

categorical aid programs, and any other district-implemented program which is

listed in Education Code 64000(a) (5 CCR 4610)

(cf. 3553 - Free and Reduced Price Meals)

(cf. 3555 - Nutrition Program Compliance)

(cf. 5141.4 - Child Abuse Prevention and Reporting)

(cf. 5148 - Child Care and Development)

(cf. 5148.2 - Before/After School Programs)

(cf. 6159 - Individualized Education Program)

(cf. 6171 - Title I Programs)

(cf. 6174 - Education for English Language Learners)

(cf. 6175 - Migrant Education Program)

(cf. 6178 - Career Technical Education)

(cf. 6178.1 - Work-Based Learning)

(cf. 6178.2 - Regional Occupational Center/Program)

(cf. 6200 - Adult Education)

2.

Any complaint alleging the occurrence of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) against any student, employee,

or other person participating in district programs and activities, including, but not limited to, those programs or activities funded directly by or that receive or benefit

UNIFORM COMPLAINT PROCEDURES (continued)

BP 1312.3(b) from any state financial assistance, based on the person's actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, age, religion, marital, pregnancy, or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or

220, Government Code 11135, or Penal Code 422.55, or based on his/her association with a person or group with one or more of these actual or perceived characteristics

(5 CCR 4610)

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 4030 - Nondiscrimination in Employment)

(cf. 5145.3 - Nondiscrimination/Harassment)

(cf. 5145.7 - Sexual Harassment)

3. Any complaint alleging district noncompliance with the requirement to provide reasonable accommodation to a lactating student on school campus to express breast milk, breastfeed an infant child, or address other breastfeeding-related needs of the student (Education Code 222)

(cf. 5146 - Married/Pregnant/Parenting Students)

4. Any complaint alleging district noncompliance with the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities (5 CCR 4610)

(cf. 3260 - Fees and Charges)

(cf. 3320 - Claims and Actions Against the District)

5. Any complaint alleging district noncompliance with legal requirements related to the implementation of the local control and accountability plan (Education Code 52075)

(cf. 0460 - Local Control and Accountability Plan)

6. Any complaint, by or on behalf of any student who is a foster youth, alleging district noncompliance with any legal requirement applicable to the student regarding placement decisions, the responsibilities of the district's educational liaison to the student, the award of credit for coursework satisfactorily completed in another school or district, school transfer, or the grant of an exemption from Board-imposed graduation requirements (Education Code 48853, 48853.5, 49069.5, 51225.1,

51225.2)

(cf. 6173.1 - Education for Foster Youth)

7. Any complaint, by or on behalf of a homeless student as defined in 42 USC 11434a, alleging district noncompliance with any requirement applicable to the student

UNIFORM COMPLAINT PROCEDURES (continued)

BP 1312.3(c) regarding the award of credit for coursework satisfactorily completed in another school or district or the grant of an exemption from Board-imposed graduation requirements (Education Code 51225.1, 51225.2)

(cf. 6173 - Education for Homeless Children)

8. Any complaint alleging district noncompliance with the requirements of Education

Code 51228.1 and 51228.2 that prohibit the assignment of a student to a course without educational content for more than one week in any semester or to a course the student has previously satisfactorily completed, without meeting specified conditions

(Education Code 51228.3)

(cf. 6152 - Class Assignment)

9. Any complaint alleging district noncompliance with the physical education instructional minutes requirement for students in elementary school (Education Code

51210, 51223)

(cf. 6142.7 - Physical Education and Activity)

10. Any complaint alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy

11. Any other complaint as specified in a district policy

The Board recognizes that alternative dispute resolution (ADR) can, depending on the nature of the allegations, offer a process to reach a resolution to the complaint that is acceptable to all parties. ADR such as mediation may be offered to resolve complaints that involve more than one student and no adult. However, mediation shall not be offered or used to resolve any complaint involving sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate. The Superintendent or designee shall ensure that the use of ADR is consistent with state and federal laws and regulations.

The district shall protect all complainants from retaliation. In investigating complaints, the confidentiality of the parties involved shall be protected as required by law. As appropriate for any complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the Superintendent or designee shall keep confidential the identity of the complainant and/or the subject of the complaint if he/she is different from the complainant, as long as the integrity of the complaint process is maintained.

(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)

(cf. 5125 - Student Records)

(cf. 9011 - Disclosure of Confidential/Privileged Information)

UNIFORM COMPLAINT PROCEDURES (continued)

BP 1312.3(d)

When an allegation that is not subject to the UCP is included in a UCP complaint, the district shall refer the non-UCP allegation to the appropriate staff or agency and shall investigate and, if appropriate, resolve the UCP-related allegation(s) through the district's UCP.

The Superintendent or designee shall provide training to district staff to ensure awareness and knowledge of current law and related requirements, including the steps and timelines specified in this policy and the accompanying administrative regulation.

(cf. 4131 - Staff Development)

(cf. 4231 - Staff Development)

(cf. 4331 - Staff Development)

The Superintendent or designee shall maintain records of all UCP complaints and the investigations of those complaints in accordance with applicable law and district policy.

All such records shall be destroyed in accordance with applicable state law and district policy.

(cf. 3580 - District Records)

Non-UCP Complaints

The following complaints shall not be subject to the district's UCP but shall be referred to the specified agency: (5 CCR 4611)

1. Any complaint alleging child abuse or neglect shall be referred to the County

Department of Social Services, the County Protective Services Division, and the appropriate law enforcement agency.

2. Any complaint alleging health and safety violations by a child development program shall, for licensed facilities, be referred to Department of Social Services and shall, for licensing-exempt facilities, be referred to the appropriate Child Development regional administrator.

3.

4.

Any complaint alleging employment discrimination shall be sent to the California

Department of Fair Employment and Housing and the compliance officer shall notify the complainant by first class mail of the transfer.

Any complaint alleging fraud shall be referred to the California Department of

Education.

In addition, the district's Williams Uniform Complaint Procedures, AR 1312.4, shall be used to investigate and resolve any complaint related to sufficiency of textbooks or instructional

BP 1312.3(e)

UNIFORM COMPLAINT PROCEDURES (continued) materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, or teacher vacancies and misassignments. (Education Code 35186)

(cf. 1312.4 - Williams Uniform Complaint Procedures)

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination

222 Reasonable accommodations; lactating students

8200-8498 Child care and development programs

8500-8538 Adult basic education

18100-18203 School libraries

32289 School safety plan, uniform complaint procedures

35186 Williams uniform complaint procedures

48853-48853.5 Foster youth

48985 Notices in language other than English

49010-49013 Student fees

49060-49079 Student records

49069.5 Rights of parents

49490-49590 Child nutrition programs

51210 Courses of study grades 1-6

51223 Physical education, elementary schools

51225.1-51225.2 Foster youth and homeless children; course credits; graduation requirements

51228.1-51228.3 Course periods without educational content

52060-52077 Local control and accountability plan, especially:

52075 Complaint for lack of compliance with local control and accountability plan requirements

52160-52178 Bilingual education programs

52300-52490 Career technical education

52500-52616.24 Adult schools

52800-52870 School-based program coordination

54400-54425 Compensatory education programs

54440-54445 Migrant education

54460-54529 Compensatory education programs

56000-56867 Special education programs

59000-59300 Special schools and centers

64000-64001 Consolidated application process

GOVERNMENT CODE

11135 Nondiscrimination in programs or activities funded by state

12900-12996 Fair Employment and Housing Act

PENAL CODE

422.55 Hate crime; definition

422.6 Interference with constitutional right or privilege

CODE OF REGULATIONS, TITLE 5

3080 Application of section

4600-4687 Uniform complaint procedures

4900-4965 Nondiscrimination in elementary and secondary education programs

Legal Reference continued: (see next page)

UNIFORM COMPLAINT PROCEDURES (continued)

BP 1312.3(f)

Legal Reference: (continued)

UNITED STATES CODE, TITLE 20

1221 Application of laws

1232g Family Educational Rights and Privacy Act

1681-1688 Title IX of the Education Amendments of 1972

6301-6577 Title I basic programs

6801-6871 Title III language instruction for limited English proficient and immigrant students

7101-7184 Safe and Drug-Free Schools and Communities Act

7201-7283g Title V promoting informed parental choice and innovative programs

UNITED STATES CODE, TITLE 20 (continued)

7301-7372 Title V rural and low-income school programs

12101-12213 Title II equal opportunity for individuals with disabilities

UNITED STATES CODE, TITLE 29

794 Section 504 of Rehabilitation Act of 1973

UNITED STATES CODE, TITLE 42

2000d-2000e-17 Title VI and Title VII Civil Rights Act of 1964, as amended

2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964

6101-6107 Age Discrimination Act of 1975

CODE OF FEDERAL REGULATIONS, TITLE 28

35.107 Nondiscrimination on basis of disability; complaints

CODE OF FEDERAL REGULATIONS, TITLE 34

99.1-99.67 Family Educational Rights and Privacy Act

100.3 Prohibition of discrimination on basis of race, color or national origin

104.7 Designation of responsible employee for Section 504

106.8 Designation of responsible employee for Title IX

106.9 Notification of nondiscrimination on basis of sex

110.25 Notification of nondiscrimination on the basis of age

Management Resources:

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Dear Colleague Letter: Title IX Coordinators, April 2015

Questions and Answers on Title IX and Sexual Violence, April 2014

Dear Colleague Letter: Bullying of Students with Disabilities, August 2013

Dear Colleague Letter: Sexual Violence, April 2011

Dear Colleague Letter: Harassment and Bullying, October 2010

Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, January 2001

U.S. DEPARTMENT OF JUSTICE PUBLICATIONS

Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National

Origin Discrimination Affecting Limited English Proficient Persons, 2002

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

Family Policy Compliance Office: http://familypolicy.ed.gov

U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr

U.S. Department of Justice: http://www.justice.gov

(7/15 3/16) 9/16

Centralia ESD

Administrative Regulation

Community Relations

AR 1312.3(a)

UNIFORM COMPLAINT PROCEDURES

Except as the Governing Board may otherwise specifically provide in other district policies, these uniform complaint procedures (UCP) shall be used to investigate and resolve only the complaints specified in BP 1312.3.

(cf. 1312.1 - Complaints Concerning District Employees)

(cf. 1312.2 - Complaints Concerning Instructional Materials)

(cf. 1312.4 - Williams Uniform Complaint Procedures)

(cf. 4030 - Nondiscrimination in Employment)

Compliance Officers

The district designates the individual(s) identified below as the employee(s) responsible for coordinating the district's response to complaints and for complying with state and federal civil rights laws. The individual(s) also serve as the compliance officer(s) specified in AR

5145.3 - Nondiscrimination/Harassment as the responsible employee to handle complaints regarding unlawful sex discrimination (such as discriminatory harassment, intimidation,

or bullying). The individual(s) shall receive and coordinate the investigation of complaints and shall ensure district compliance with law.

(cf. 5145.3 - Nondiscrimination/Harassment)

(cf. 5145.7 - Sexual Harassment)

Assistant Superintendent, Human Resources

6625 La Palma Avenue

(714) 228-3142 [email protected]

The compliance officer who receives a complaint may assign another compliance officer to investigate and resolve the complaint. The compliance officer shall promptly notify the complainant and respondent, if applicable, if another compliance officer is assigned to the complaint.

In no instance shall a compliance officer be assigned to a complaint in which he/she has a bias or conflict of interest that would prohibit him/her from fairly investigating or resolving the complaint. Any complaint against or implicating a compliance officer or that raises a

concern about the compliance officer's ability to investigate the complaint fairly and

without bias shall may be filed with the Superintendent or designee who shall determine

how the complaint will be investigated.

UNIFORM COMPLAINT PROCEDURES (continued)

AR 1312.3(b)

The Superintendent or designee shall ensure that employees assigned to investigate and resolve complaints receive training and are knowledgeable about the laws and programs at issue in the complaints to which they are assigned. Training provided to such employees shall include current state and federal laws and regulations governing the program, applicable processes for investigating and resolving complaints, including those involving alleged

alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), applicable standards for reaching decisions on complaints, and appropriate corrective measures. Assigned employees may have access to legal counsel as determined by the Superintendent or designee.

(cf. 4331 - Staff Development)

(cf. 9124 - Attorney)

The compliance officer or, if necessary, any appropriate administrator shall determine whether interim measures are necessary during and pending the result of an investigation. If interim measures are determined to be necessary, the compliance officer or the administrator shall consult with the Superintendent, the Superintendent's designee, or, if appropriate, the site principal to implement, if possible, one or more interim measures. The interim measures may shall remain in place until the compliance officer determines that they are no longer necessary or until the district issues its final written decision, whichever occurs first.

Notifications

The district's UCP policy and administrative regulation shall be posted in all district schools and offices, including staff lounges and student government meeting rooms. (Education

Code 234.1)

The Superintendent or designee shall annually provide written notification of the district's

UCP, including information regarding unlawful student fees, local control and accountability plan (LCAP) requirements, and requirements related to the educational rights of foster youth and homeless students, to students, employees, parents/guardians, the district advisory committee, school advisory committees, appropriate private school officials or representatives, and other interested parties. (Education Code 262.3, 48853, 48853.5, 49013,

49069.5, 51225.1, 51225.2, 52075; 5 CCR 4622)

(cf. 0420 - School Plans/Site Councils)

(cf. 0460 - Local Control and Accountability Plan)

(cf. 1220 - Citizen Advisory Committees)

AR 1312.3(c)

UNIFORM COMPLAINT PROCEDURES (continued)

(cf. 3260 - Fees and Charges)

(cf. 4112.9/4212.9/4312.9 - Employee Notifications)

(cf. 5145.6 - Parental Notifications)

(cf. 6173 - Education for Homeless Children)

(cf. 6173.1 - Education for Foster Youth)

The annual notification and complete contact information of the compliance officer(s) may be posted on the district web site and, if available, provided through district-supported social media.

(cf. 1113 - District and School Web Sites)

(cf. 1114 - District-Sponsored Social Media)

The Superintendent or designee shall ensure that all students and parents/guardians, including students and parents/guardians with limited English proficiency, have access to the relevant information provided in the district's policy, regulation, forms, and notices concerning the

UCP.

If 15 percent or more of students enrolled in a particular district school speak a single primary language other than English, the district's policy, regulation, forms, and notices concerning the UCP shall be translated into that language, in accordance with Education

Code 234.1 and 48985. In all other instances, the district shall ensure meaningful access to all relevant UCP information for parents/guardians with limited English proficiency.

The notice shall:

1. Identify the person(s), position(s), or unit(s) responsible for receiving complaints

2. Advise the complainant of any civil law remedies that may be available to him/her under state or federal antidiscrimination laws, if applicable

3. Advise the complainant of the appeal process, including, if applicable, the complainant's right to take a complaint directly to the California Department of

Education (CDE) or to pursue remedies before civil courts or other public agencies, such as the U.S. Department of Education's Office for Civil Rights (OCR) in cases involving unlawful discrimination (such as discriminatory harassment, intimidation, or bullying).

4. Include statements that: a. The district has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs.

AR 1312.3(d)

UNIFORM COMPLAINT PROCEDURES (continued) b. The complaint review shall be completed within 60 calendar days from the date of receipt of the complaint unless the complainant agrees in writing to an extension of the timeline. c. A complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) must be filed not later than six months from the date it occurred, or six months from the date the complainant first obtained knowledge of the facts of the alleged unlawful discrimination. The time for filing may be extended for up to 90 days by the

Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension.

d.

Complaints should be filed in writing and signed by the complainant. If a complainant is unable to put his/her complaint in writing, for example, due to conditions such as a disability or illiteracy, district staff shall assist him/her in the filing of the complaint. e. If a complaint is not filed in writing but the district receives notice of any allegation that is subject to the UCP, the district shall take affirmative steps to investigate and address the allegations, in a manner appropriate to the particular circumstances.

If the allegation involves retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) and the investigation reveals that discrimination has occurred, the district will take steps to prevent recurrence of discrimination and correct its discriminatory effects on the complainant, and on others, if appropriate.

f. A student enrolled in a public school shall not be required to pay a fee for his/her participation in an educational activity that constitutes an integral fundamental part of the district's educational program, including curricular and extracurricular activities.

g. The Board is required to adopt and annually update the LCAP in a manner that includes meaningful engagement of parents/guardians, students, and other stakeholders in the development and/or review of the LCAP.

h. A foster youth shall receive information about educational rights related to his/her educational placement, enrollment in and checkout from school, as well as the responsibilities of the district liaison for foster youth to ensure and facilitate these requirements and to assist the student in ensuring proper

UNIFORM COMPLAINT PROCEDURES (continued)

AR 1312.3(e) transfer of his/her credits, records, and grades when he/she transfers between schools or between the district and another district.

i. A foster youth or homeless student who transfers into a district high school or between district high schools shall be notified of the district's responsibility to:

(1) Accept any coursework or part of the coursework that the student has satisfactorily completed in another public school, juvenile court school, or a nonpublic, nonsectarian school or agency, and to issue full or partial credit for the coursework completed

(2) Not require the student to retake any course or a portion of a course which he/she has satisfactorily completed in another public school, juvenile court school, or a nonpublic, nonsectarian school or agency

(3) If the student has completed his/her second year of high school before the transfer, provide the student information about district-adopted coursework and Board-imposed graduation requirements from which he/she may be exempted pursuant to Education Code 51225.1

j. The complainant has a right to appeal the district's decision to the CDE by filing a written appeal within 15 calendar days of receiving the district's decision.

In any complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the respondent also shall have the right to file an appeal with the CDE in the same manner as the complainant, if he/she is dissatisfied with the district's decision.

k. The appeal to the CDE must include a copy of the complaint filed with the district and a copy of the district's decision.

l. Copies of the district's UCP are available free of charge.

District Responsibilities

All UCP-related complaints shall be investigated and resolved within 60 calendar days of the district's receipt of the complaint unless the complainant agrees in writing to an extension of the timeline. (5 CCR 4631)

UNIFORM COMPLAINT PROCEDURES (continued)

AR 1312.3(f)

For complaints alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the district shall inform the respondent when the complainant agrees to an extension of the timeline for investigating and resolving the complaint.

The compliance officer shall maintain a record of each complaint and subsequent related actions, including steps taken during the investigation and all information required for compliance with 5 CCR 4631 and 4633.

All parties involved in the allegations shall be notified when a complaint is filed and when a decision or ruling is made. However, the compliance officer shall keep all complaints or allegations of retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) confidential except when disclosure is necessary to carry out the investigation, take subsequent corrective action, conduct ongoing monitoring, or maintain the integrity of the process. (5 CCR 4630, 4964)

Filing of Complaints

The complaint shall be presented to the compliance officer who shall maintain a log of complaints received, providing each with a code number and a date stamp.

All complaints shall be filed in writing and signed by the complainant. If a complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, district staff shall assist him/her in the filing of the complaint. (5 CCR 4600)

All cComplaints shall also be filed in accordance with the following rules, as applicable:

1. A complaint alleging district violation of applicable state or federal law or regulations governing adult education programs, consolidated categorical aid programs, migrant education, career technical and technical education and training programs, child care and development programs, child nutrition programs, and special education programs may be filed by any individual, public agency, or organization. (5 CCR 4630)

2. Any complaint alleging noncompliance with law regarding the prohibition against requiring students to pay student fees, deposits, and charges or any requirement related to the LCAP may be filed anonymously if the complaint provides evidence, or information leading to evidence, to support an allegation of noncompliance. A complaint about a violation of the prohibition against the charging of unlawful student fees may be filed with the principal of the school or with the Superintendent

or designee. However, any such complaint shall be filed no later than one year from the date the alleged violation occurred. (Education Code 49013, 52075; 5 CCR 4630)

UNIFORM COMPLAINT PROCEDURES (continued)

3.

AR 1312.3(g)

A complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) may be filed only by a person who alleges that he/she personally suffered the unlawful discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to it. The complaint shall be initiated no later than six months from the date when the alleged unlawful discrimination occurred, or six months from the date when the complainant first obtained knowledge of the facts of the alleged unlawful discrimination. The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension. (5 CCR 4630)

4. When a complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) is filed anonymously, the compliance officer shall pursue an investigation or other response as appropriate, depending on the specificity and reliability of the information provided and the seriousness of the allegation.

5. When the complainant of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) or the alleged victim, when he/she is not the complainant, requests confidentiality, the compliance officer shall inform him/her that the request may limit the district's ability to investigate the conduct or take other necessary action. When honoring a request for confidentiality, the district shall nevertheless take all reasonable steps to investigate and resolve/respond to the complaint consistent with the request.

6. If a complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, district staff shall assist him/her in the filing of the complaint.

(5 CCR 4600)

Mediation

Within three business days after the compliance officer receives the complaint, he/she may informally discuss with all the parties the possibility of using mediation. Mediation shall be offered to resolve complaints that involve more than one student and no adult. However, mediation shall not be offered or used to resolve any complaint involving an allegation of sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate. If the parties agree to mediation, the compliance officer shall make all arrangements for this process.

Before initiating the mediation of a complaint alleging retaliation or unlawful discrimination

(such as discriminatory harassment, intimidation, or bullying), the compliance officer shall ensure that all parties agree to make the mediator a party to relevant confidential information.

The compliance officer shall also notify all parties of the right to end the informal process at any time.

UNIFORM COMPLAINT PROCEDURES (continued)

AR 1312.3(h)

If the mediation process does not resolve the problem within the parameters of law, the compliance officer shall proceed with his/her investigation of the complaint.

The use of mediation shall not extend the district's timelines for investigating and resolving the complaint unless the complainant agrees in writing to such an extension of time. If mediation is successful and the complaint is withdrawn, then the district shall take only the actions agreed to through the mediation. If mediation is unsuccessful, the district shall then continue with subsequent steps specified in this administrative regulation.

Investigation of Complaint

Within 10 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.

Within one business day of initiating the investigation, the compliance officer shall provide the complainant and/or his/her representative with the opportunity to present the information contained in the complaint to the compliance officer and shall notify the complainant and/or his/her representative of the opportunity to present the compliance officer with any evidence, or information leading to evidence, to support the allegations in the complaint. Such evidence or information may be presented at any time during the investigation.

In conducting the investigation, the compliance officer shall collect all available documents and review all available records, notes, or statements related to the complaint, including any additional evidence or information received from the parties during the course of the investigation. He/she shall individually interview all available witnesses with information pertinent to the complaint, and may visit any reasonably accessible location where the relevant actions are alleged to have taken place. At appropriate intervals, the compliance

officer shall inform both parties of the status of the investigation.

To investigate a complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the compliance officer shall interview the alleged victim(s), any alleged offenders, and other relevant witnesses privately, separately, and in a confidential manner. As necessary, additional staff or legal counsel may conduct or support the investigation.

A complainant's refusal to provide the district's investigator with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the investigation, or engagement in any other obstruction of the investigation may result in the dismissal of the complaint because of a lack of evidence to support the allegation. Similarly,

a respondent's refusal to provide the district’s investigator with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the

UNIFORM COMPLAINT PROCEDURES (continued)

AR 1312.3(i)

investigation, or engagement in any other obstruction of the investigation may result in

a finding, based on evidence collected, that a violation has occurred and in the

imposition of a remedy in favor of the complainant. (5 CCR 4631)

In accordance with law, the district shall provide the investigator with access to records and other information related to the allegation in the complaint and shall not in any way obstruct the investigation. Failure or refusal of the district to cooperate in the investigation may result in a finding based on evidence collected that a violation has occurred and in the imposition of a remedy in favor of the complainant. (5 CCR 4631)

The compliance officer shall apply a "preponderance of the evidence" standard in determining the veracity of the factual allegations in a complaint. This standard is met if the allegation is more likely to be true than not.

Report of Findings

OPTION 1:

Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant, and respondent if there is one, a written report, as described in the section "Final Written Decision" below, within 60 calendar days of the district's receipt of the complaint. (5 CCR 4631)

OPTION 2:

Unless extended by written agreement with the complainant, a final decision shall be sent to the complainant within 60 calendar days of the district's receipt of the complaint. Within 30 calendar days of receiving the complaint, the compliance officer shall prepare and send to the complainant a written report, as described in the section "Final Written Decision" below. If the complainant is dissatisfied with the compliance officer's decision, he/she may, within five business days, file his/her complaint in writing with the Board.

The Board may consider the matter at its next regular Board meeting or at a special Board meeting convened in order to meet the 60-day time limit within which the complaint must be answered. The Board may decide not to hear the complaint, in which case the compliance officer's decision shall be final.

If the Board hears the complaint, the compliance officer shall send the Board's decision to the complainant within 60 calendar days of the district's initial receipt of the complaint or within the time period that has been specified in a written agreement with the complainant. (5 CCR

4631)

AR 1312.3(j)

UNIFORM COMPLAINT PROCEDURES (continued)

In resolving any complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, and bullying), the respondent also shall be sent the district's decision and, in the same manner as the complainant, may file a complaint with the Board if dissatisfied with the decision.

Final Written Decision

The district's decision on how it will resolve the complaint shall be in writing and shall be sent to the complainant and respondent. (5 CCR 4631)

In consultation with district legal counsel, information about the relevant part of a decision may be communicated to a victim who is not the complainant and to other parties who may be involved in implementing the decision or are affected by the complaint, as long as the privacy of the parties is protected. In a complaint alleging unlawful discrimination (such

as discriminatory harassment, intimidation, and bullying), notice of the district's decision to the alleged victim shall include information about any sanction to be imposed upon the respondent that relates directly to the alleged victim.

If the complaint involves a limited-English-proficient student or parent/guardian and the student involved attends a school at which 15 percent or more of the students speak a single primary language other than English, then the decision shall also be translated into that language. In all other instances, the district shall ensure meaningful access to all relevant information for parents/guardians with limited English proficiency.

For all complaints, the decision shall include: (5 CCR 4631)

1. The findings of fact based on the evidence gathered. In reaching a factual determination, the following factors may be taken into account: a. Statements made by any witnesses b. The relative credibility of the individuals involved c. How the complaining individual reacted to the incident d. Any documentary or other evidence relating to the alleged conduct e. Past instances of similar conduct by any alleged offenders f. Past false allegations made by the complainant

3.

4.

UNIFORM COMPLAINT PROCEDURES (continued)

2. The conclusion(s) of law

Disposition of the complaint

Rationale for such disposition

AR 1312.3(k)

For complaints of retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the disposition of the complaint shall include a determination for each allegation as to whether retaliation or unlawful discrimination has occurred.

The determination of whether a hostile environment exists may involve consideration of the following: a. b. c. d.

How the misconduct affected one or more students' education

The type, frequency, and duration of the misconduct

The relationship between the alleged victim(s) and offender(s)

The number of persons engaged in the conduct and at whom the conduct was directed e. The size of the school, location of the incidents, and context in which they occurred f. Other incidents at the school involving different individuals

5. Corrective action(s), including any actions that have been taken or will be taken to address the allegations in the complaint and including, with respect to a student fees complaint, a remedy that comports with Education Code 49013 and 5 CCR 4600

For complaints of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the decision may, as required by law, include: a. The corrective actions imposed on the individual found to have engaged in the conduct that relate directly to the subject of the complaint respondent b. Individual remedies offered or provided to the complainant or another person who was the subject of the complaint, but this information should not be

shared with the respondent.

AR 1312.3(l)

UNIFORM COMPLAINT PROCEDURES (continued) c. Systemic measures the school has taken to eliminate a hostile environment and prevent recurrence

6. Notice of the complainant's and respondent's right to appeal the district's decision to the CDE within 15 calendar days, and procedures to be followed for initiating such an appeal

The decision may also include follow-up procedures to prevent recurrence or retaliation and for reporting any subsequent problems.

For complaints alleging unlawful discrimination based on state law (such as discriminatory harassment, intimidation, and bullying), the decision shall also include a notice to the complainant that:

1. He/she may pursue available civil law remedies outside of the district's complaint procedures, including seeking assistance from mediation centers or public/private interest attorneys, 60 calendar days after the filing of an appeal with the CDE.

(Education Code 262.3)

2. The 60 days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law. (Education Code

262.3)

3. Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for

Civil Rights at www.ed.gov/ocr within 180 days of the alleged discrimination.

Corrective Actions

When a complaint is found to have merit, the compliance officer shall adopt any appropriate corrective action permitted by law. Appropriate corrective actions that focus on the larger school or district environment may include, but are not limited to, actions to reinforce district policies; training for faculty, staff, and students; updates to school policies; or school climate surveys.

For complaints involving retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), appropriate corrective actions that focus on remedies

1.

2.

that may be offered to the victim but not communicated to the respondent may include, but are not limited to, the following:

Counseling

Academic support

7.

8.

3.

UNIFORM COMPLAINT PROCEDURES (continued)

4.

5.

Health services

Information regarding available resources and how to report similar incidents or retaliation

AR 1312.3(m)

Assignment of an escort to allow the victim to move safely about campus

6. Separation of the victim from any other individuals involved, provided the separation does not penalize the victim

Restorative justice

Follow-up inquiries to ensure that the conduct has stopped and there has been no retaliation

9. Determination of whether any past actions of the victim that resulted in discipline were related to the treatment the victim received and described in the complaint

For complaints involving retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), appropriate corrective actions that focus on a student

4.

5.

6. offender may include, but are not limited to, the following:

Transfer from a class or school as permitted by law 1.

2. Parent/guardian conference

3. Education regarding the impact of the conduct on others

Positive behavior support

Referral to a student success team

Denial of participation in extracurricular or co-curricular activities or other privileges as permitted by law

7. Disciplinary action, such as suspension or expulsion, as permitted by law

When an employee is found to have committed retaliation or unlawful discrimination

(such as discriminatory harassment, intimidation, or bullying), the district shall take appropriate disciplinary action, up to and including dismissal, in accordance with applicable law and collective bargaining agreement.

UNIFORM COMPLAINT PROCEDURES (continued)

AR 1312.3(n)

The district may also consider training and other interventions for the larger school community to ensure that students, staff, and parents/guardians understand the types of behavior that constitute unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), that the district does not tolerate it, and how to report and respond to it.

If a complaint alleging noncompliance with the laws regarding student fees, deposits, and other charges, physical education instructional minutes for students in elementary schools, or any requirement related to the LCAP is found to have merit, the district shall provide a remedy to all affected students and parents/guardians subject to procedures established by regulation of the State Board of Education. (Education Code 49013, 51223, 52075)

For complaints alleging noncompliance with the laws regarding student fees, the district shall attempt in good faith, by engaging in reasonable efforts, to identify and fully reimburse all affected students and parents/guardians who paid the unlawful student fees within one year prior to the filing of the complaint. (Education Code 49013; 5 CCR 4600)

Appeals to the California Department of Education

Any complainant who is dissatisfied with the district's final written decision may file an appeal in writing with the CDE within 15 calendar days of receiving the district's decision.

(Education Code 222, 48853, 48853.5, 49013, 49069.5, 51223, 51225.1, 51225.2, 51228.3,

52075; 5 CCR 4632)

When a respondent in any complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, and bullying) is dissatisfied with the district's final written decision, he/she, in the same manner as the complainant, may file an appeal with the CDE.

The complainant or respondent shall specify the basis for the appeal of the decision and whether the facts are incorrect and/or the law has been misapplied. The appeal shall be accompanied by a copy of the locally filed complaint and a copy of the district's decision. (5

CCR 4632)

Upon notification by the CDE that the complainant or respondent has appealed the district's decision, the Superintendent or designee shall forward the following documents to the CDE:

(5 CCR 4633)

A copy of the original complaint 1.

2. A copy of the written decision

5.

6.

7.

UNIFORM COMPLAINT PROCEDURES (continued)

3.

AR 1312.3(o)

A summary of the nature and extent of the investigation conducted by the district, if not covered by the decision

4. A copy of the investigation file including, but not limited to, all notes, interviews, and documents submitted by the parties and gathered by the investigator

A report of any action taken to resolve the complaint

A copy of the district's uniform complaint procedures

Other relevant information requested by the CDE

(7/15 3/16) 9/16

Centralia ESD

Board Policy

Business and Noninstructional Operations BP 3230(a)

FEDERAL GRANT FUNDS

The Governing Board recognizes the district's responsibility to maintain fiscal integrity and transparency in the use of all funds awarded through federal grants. The district shall comply with all requirements detailed in any grant agreement with an awarding agency and with the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for

Federal Awards specified in 7 CFR 200.0-200.521 and any stricter state laws and district policy.

Any goods or services purchased with federal funds shall be reasonable in cost and necessary for the proper and efficient performance or administration of the program.

The Superintendent or designee shall ensure that the district's financial management systems and procedures provide for the following: (2 CFR 200.302)

1. Identification in district accounts of each federal award received and expended and the federal program under which it was received

(cf. 3100 - Budget)

2. Accurate, current, and complete disclosure of the financial and performance results of each federal award or program in accordance with the reporting requirements of 2

CFR 200.327 and 200.328

(cf. 3460 - Financial Reports and Accountability)

3. Records and supporting documentation that adequately identify the source and application of funds for federally funded activities, including information pertaining to federal awards, authorizations, obligations, unobligated balances, assets, expenditures, income, and interest

(cf. 1340 - Access to District Records)

(cf. 3580 - District Records)

4. Effective controls and accountability for all funds, property, and other assets and assurance that all assets are used solely for authorized purposes

5. Comparison of actual expenditures with budgeted amounts for each federal award

6. Written procedures to implement provisions governing payments as specified in 2

CFR 200.305

FEDERAL GRANT FUNDS (continued)

BP 3230(b)

7. Written procedures for determining the allowability of costs in accordance with 2

CFR 200.400-200.475 and the terms and conditions of the federal grant award

(cf. 3400 - Management of District Assets/Accounts)

The Superintendent or designee shall develop and implement appropriate internal control processes to reasonably assure that transactions are properly executed, recorded, and accounted for so that the district can prepare reliable financial statements and federal reports, maintain accountability over assets, and demonstrate compliance with federal laws, regulations, and conditions of the federal award. (2 CFR 200.61, 200.62, 200.303)

Equipment purchased with federal funds shall be properly inventoried and adequately maintained to safeguard against loss, damage, or theft of the property.

(cf. 3270 - Sale and Disposal of Books, Equipment and Supplies)

(cf. 3440 - Inventories)

(cf. 3512 - Equipment)

All staff involved in the administration or implementation of programs and activities supported by federal funds shall receive information and training on the allowable use of federal funds, purchasing procedures, and reporting processes commensurate with their duties.

(cf. 4131 - Staff Development)

(cf. 4231 - Staff Development)

(cf. 4331 - Staff Development)

The district shall submit performance reports to the awarding agency in accordance with the schedule and indicators required for that federal grant by law and the awarding agency. As required, such reports may include a comparison of actual accomplishments to the objectives of the federal award, the relationship between financial data and performance accomplishments, the reasons that established goals were not met if applicable, cost information to demonstrate cost effective practices, analysis and explanation of any cost overruns or high unit costs, and other relevant information. The final performance report shall be submitted within 90 days after the ending date of the grant. (2 CFR 200.301,

200.328)

(cf. 0500 - Accountability)

(cf. 6190 - Evaluation of the Instructional Program)

Legal Reference: (see next page)

BP 3230(c)

FEDERAL GRANT FUNDS (continued)

Legal Reference:

EDUCATION CODE

42122-42129 Budget requirements

CODE OF FEDERAL REGULATIONS, TITLE 2

180.220 Amount of contract subject to suspension and debarment rules

200.0-200.521 Federal uniform grant guidance, especially:

200.1-200.99 Definitions

200.100-200.113 General provisions

200.317-200.326 Procurement standards

200.327-200.329 Monitoring and reporting

200.333-200.337 Record retention

200.400-200.475 Cost principles

200.500-200.521 Audit requirements

CODE OF FEDERAL REGULATIONS, TITLE 34

76.730-76.731 Records related to federal grant programs

CODE OF FEDERAL REGULATIONS, TITLE 48

2.101 Federal acquisition regulation; definitions

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

California Department of Education Audit Guide

California School Accounting Manual

EDUCATION AUDIT APPEALS PANEL PUBLICATIONS

Guide for Annual Audits of K-12 Local Education Agencies and State Compliance Reporting

U.S. DEPARTMENT OF EDUCATION PUBLICATIONS

Questions and Answers Regarding 2 CFR Part 200, March 17, 2016

WEB SITES

California Department of Education: http://www.cde.ca.gov

Education Audit Appeals Panel: http://www.eaap.ca.gov

Office of Management and Budget, Uniform Guidance: https://www.whitehouse.gov/omb/grants_docs

State Controller's Office: http://www.sco.ca.gov

System for Award Management (SAM): www.sam.gov/portal/SAM/##11

U.S. Department of Education: http://www.ed.gov

U.S. Government Accountability Office: http://www.gao.gov

9/16

Centralia ESD

Administrative Regulation

Business and Noninstructional Operations

FEDERAL GRANT FUNDS

AR 3230(a)

Allowable Costs

Prior to obligating or spending any federal grant funds, the Superintendent or designee shall determine whether a proposed purchase is an allowable expenditure of federal funds in accordance with 2 CFR 200.400-200.475 and the terms and conditions of the federal grant award. He/she shall also determine whether the expense is a direct or indirect cost as defined in 2 CFR 200.413 and 200.414 and, if the purchase will benefit other programs not included in the grant award, the appropriate share to be allocated to the federal grant.

(cf. 3350 - Travel Expenses)

The Superintendent or designee shall review and approve all transactions involving federal grant funds and shall ensure the proper coding of expenditures consistent with the California

School Accounting Manual.

(cf. 3300 - Expenditures and Purchases)

(cf. 3314 - Payment for Goods and Services)

Period of Performance

All obligations of federal funds shall occur on or between the beginning and ending dates of the grant project and shall be paid no later than 90 days after the end of the funding period, unless specifically authorized by the grant award to be carried over beyond the initial term of the grant. (2 CFR 200.77, 200.308, 200.309, 200.343)

Procurement

On or before July 1, 2017, or such later date as may be approved in the Uniform Guidance, the Superintendent or designee shall comply with the standards specified in 2 CFR 200.317-

200.326 and Appendix II of Part 200 when procuring goods and services needed to carry out a federal grant as well as any more restrictive state laws and district policies concerning the procurement of goods and services.

As appropriate to encourage greater economy and efficiency, the Superintendent or designee shall avoid acquisition of unnecessary or duplicative items, give consideration to consolidating or breaking out procurements, analyze lease versus purchase alternatives, consider entering into an interagency agreement for procurement of common or shared goods and services, and/or use federal excess or surplus property. (2 CFR 200.318)

FEDERAL GRANT FUNDS (continued)

AR 3230(b)

The procurement of goods or services with federal funds shall be conducted in a manner that provides full and open competition in accordance with state laws and district regulations and the following requirements:

1. Any purchase of supplies or services that does not exceed the "micro-purchase" threshold specified in 48 CFR 2.101 may be awarded without soliciting competitive quotes, provided that the district considers the price to be reasonable and maintains written evidence of this reasonableness in the record of all micro-purchases. (2 CFR

200.67, 200.320)

2. For any purchase that exceeds the micro-purchase threshold but is less than the bid limit required by Public Contract Code 20111, the Superintendent or designee shall utilize "small-purchase" procedures that include obtaining price or rate quotes from an adequate number of qualified sources. (2 CFR 200.320)

3. Contracts for goods or services over the bid limits required by Public Contract Code

20111 shall be awarded pursuant to California law and AR 3311 - Bids, unless exempt from bidding under the law.

(cf. 3311 - Bids)

4. If a purchase is exempt from bidding and the district's solicitation is by a request for proposals, the award may be made by either a fixed-price or cost-reimbursement type contract awarded to the entity whose proposal is most advantageous to the program, with price and other factors considered. (2 CFR 200.320)

(cf. 3312 - Contracts)

5. Procurement by noncompetitive proposals (sole sourcing) may be used only when the item is available from a single source, the need or emergency will not permit a delay resulting from competitive solicitation, the awarding agency expressly authorizes sole sourcing in response to the district's request, and/or competition is determined inadequate after solicitation of a number of sources. (2 CFR 200.320)

6. Time and materials type contracts may be used only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost is the sum of the actual cost of materials and direct labor hours charged at fixed hourly rates that reflect wages, general administrative expenses, and profit. (200.328)

FEDERAL GRANT FUNDS (continued)

AR 3230(c)

For any purchase of $25,000 or more, the Superintendent or designee shall verify that any vendor which is used to procure goods or services is not excluded or disqualified by the federal government. (2 CFR 180.220, 200.213)

All solicitations shall incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description shall avoid detailed product specifications to the extent possible, but may include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. When it is impractical or not economical to make a clear and accurate description of the technical requirements, a brand name or equivalent description may be used to define the performance or other salient requirements of procurement, clearly stating the specific features of the named brand which must be met by offers. In addition, every solicitation shall identify all requirements which the offer must fulfill and any other factors to be used in evaluating bids or proposals. (2 CFR

200.319)

The Superintendent or designee shall maintain sufficient records to document the procurement, including, but not limited to, the rationale for the method of procurement, selection of the contract type, contractor selection or rejection, and the basis for the contract price. (2 CFR 200.318)

The Superintendent or designee shall ensure that all contracts for purchases using federal grant funds contain the applicable contract provisions described in Appendix II to Part 200 -

Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. (2 CFR

200.326)

Capital Expenditures

The Superintendent or designee shall obtain prior written approval from the awarding agency before using federal funds to make capital expenditures, including the acquisition of land, facilities, equipment, and intellectual property and expenditures to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life. (2 CFR 200.12,

200.13, 200.20, 200.33, 200.48, 200.58, 200.89, 200.313, 200.439)

Conflict of Interest

No Governing Board member, district employee, or district representative shall participate in the selection, award, or administration of a contract supported by federal funds if he/she has a real or apparent conflict of interest, such as when he/she or a member of his/her immediate family, his/her partner, or an organization which employs or is about to employ any of them

FEDERAL GRANT FUNDS (continued)

AR 3230(d) has a financial interest in or a tangible personal benefit from a firm considered for a contract.

Such persons are prohibited from soliciting or accepting gratuities, favors, or anything of monetary value from contractors or subcontractors unless the gift is an unsolicited item of nominal value. (2 CFR 200.318)

Employees engaged in the selection, award, and administration of contracts shall also comply with BB 9270 - Conflict of Interest.

(cf. 9270 - Conflict of Interest)

Cash Management

The Superintendent or designee shall ensure the district's compliance with 2 CFR 200.305 pertaining to payments and cash management, including compliance with applicable methods and procedures that minimize the time elapsing between the transfer of funds to the district and the district's disbursement of funds. (2 CFR 200.305)

When authorized by law, the district may receive advance payments of federal grant funds, limited to the minimum amounts needed and timed in accordance with the actual immediate cash requirements of the district for carrying out the purpose of the program or project.

Except under specified conditions, the district shall maintain the advance payments in an interest-bearing account. The district shall remit interest earned on the advanced payment to the awarding agency on an annual basis, but may retain interest amounts specified in 2 CFR

200.305 for administrative expenses. (2 CFR 200.305)

When required by the awarding agency, the district shall instead submit a request for reimbursement of actual expenses incurred. The district may also request reimbursement as an alternative to receiving advance payments. (2 CFR 200.305)

The Superintendent or designee shall maintain source documentation supporting the expenditure of federal funds, such as invoices, time sheets, payroll stubs, or other appropriate documentation.

Personnel

All district employees who are paid in full or in part with federal funds, including employees whose salary is paid with state or local funds but is used to meet a required match or in-kind contribution to a federal program, shall document the amount of time they spend on grant activities. (2 CFR 200.430)

FEDERAL GRANT FUNDS (continued)

AR 3230(e)

Records

Except as otherwise provided in 2 CFR 200.333, or where state law or district policy requires a longer retention period, financial records, supporting documents, statistical records, and all other district records related to a federal award shall be retained for a period of three years from the date of submission of the final expenditure report or, for a federal award that is renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report. (2 CFR 200.333)

(cf. 1340 - Access to District Records)

(cf. 3580 - District Records)

Audits

Whenever the district expends $750,000 or more in federal grant funds during a fiscal year, it shall arrange for either a single audit or a program-specific audit in accordance with 2 CFR

200.507 or 200.514. (2 CFR 200.501)

The Superintendent or designee shall ensure that the audit meets the requirements specified in 2 CFR 200.500-200.521.

Specified records pertaining to the audit of federal funds expended by the district shall be transmitted to the clearinghouse designated by the federal Office of Management and Budget and shall be made available for public inspection. Such records shall be transmitted within 30 days after receipt of the auditor's report or within nine months after the end of the audit period, whichever is sooner, unless a longer period is agreed to in advance by the federal agency or a different period is specified in a program-specific audit guide. (2 CFR 200.512)

In the event that the audit identifies any deficiency, the Superintendent or designee shall promptly act to either correct the identified deficiency, produce recommended improvements, or demonstrate that the audit finding is invalid or does not warrant action. (2 CFR 200.26,

200.508, 200.511)

9/16

Centralia ESD

Board Policy

Business and Noninstructional Operations BP 3270(a)

SALE AND DISPOSAL OF BOOKS, EQUIPMENT AND SUPPLIES

The Governing Board recognizes its fiscal responsibility to maximize the use of district equipment, supplies, instructional materials, and other personal property while providing upto-date resources that facilitate student learning and effective district operations. When the

Board, upon recommendation of the Superintendent or designee, declares any district-owned personal property unusable, obsolete, or no longer needed, the Board shall determine the estimated value of the property and shall decide whether the property will be donated, sold, or otherwise disposed of as prescribed by law and administrative regulation.

(cf. 0440 - District Technology Plan)

(cf. 3512 - Equipment)

(cf. 6161.11 - Supplementary Instructional Materials)

(cf. 6163.1 - Library Media Centers)

The Board shall approve the price and terms of any sale or lease of personal property of the district.

If the Board members who are in attendance at a meeting unanimously agree that the property, whether one or more items, does not exceed $2,500 in value, the property may be sold without advertising for bids. (Education Code 17546)

(cf. 9323.2 - Actions by the Board)

If the Board members who are in attendance at a meeting unanimously find that the value of the property is insufficient to defray the costs of arranging a sale, the property may be donated to a charitable organization deemed appropriate by the Board or may be disposed of in the local public dump. (Education Code 17546)

Instructional materials shall be considered obsolete or unusable by the district if they have been replaced by more recent editions or new materials selected by the Board, are not aligned with the district's academic standards or course of study, and have no foreseeable value in other instructional areas. Such materials may be sold or donated if they continue to serve educational purposes that would benefit others outside the district. Instructional materials are not appropriate for sale or donation if they meet any of the following criteria:

1. Contain information rendered inaccurate or incomplete by new research or technologies

2. Contain demeaning, stereotyping, or patronizing references to any group of persons protected against discrimination by law or Board policy

BP 3270(b)

SALE AND DISPOSAL OF BOOKS, EQUIPMENT AND SUPPLIES (continued)

3. Are damaged beyond use or repair

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 1312.4 - Williams Uniform Complaint Procedures)

(cf. 6161.1 - Selection and Evaluation of Instructional Materials)

(cf. 6011 - Academic Standards)

(cf. 6143 - Courses of Study)

(cf. 6161.1 - Selection and Evaluation of Instructional Materials)

The Superintendent or designee shall establish procedures to be used whenever the district sells equipment or supplies originally acquired under a federal grant or subgrant. Such procedures shall be designed to ensure the highest possible return. (34 CFR 80.32 2 CFR

200.313)

(cf. 3230 - Federal Grant Funds)

(cf. 3440 - Inventories)

Legal Reference:

EDUCATION CODE

17540-17542 Sale or lease of personal property by one district to another

17545-17555 Sale of personal property

35168 Inventory, including record of time and mode of disposal

60510-60530 Sale, donation, or disposal of instructional materials

GOVERNMENT CODE

25505 District property; disposition; proceeds

CODE OF REGULATIONS, TITLE 5

3944 Consolidated categorical programs, district title to equipment

3946 Disposal of equipment purchased with state and federal consolidated application funds

UNITED STATES CODE, TITLE 40

549 Surplus property

CODE OF FEDERAL REGULATIONS, TITLE 2

200.0-200.521 Federal uniform grant guidance

CODE OF FEDERAL REGULATIONS, TITLE 34

80.32-80.33 Equipment and supplies acquired under a grant or subgrant

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

California School Accounting Manual

Standards for Evaluating Instructional Materials for Social Content, 2013

WEB SITES

California Department of Education: http://www.cde.ca.gov

School Services of California, Inc.: http://www.sscal.com

(10/15 3/16) 9/16

Centralia ESD

Administrative Regulation

Business and Noninstructional Operations

SALE AND DISPOSAL OF BOOKS, EQUIPMENT AND SUPPLIES

Instructional Materials

AR 3270(a)

Surplus or undistributed obsolete instructional materials that are usable for educational purposes may be sold by the district. Alternatively, such materials may be donated to:

(Education Code 60510)

1. Another district, county free library, or other state institution

2.

3.

4.

A United States public agency or institution

A nonprofit charitable organization

Children or adults in California or foreign countries for the purpose of increasing the general literacy of the people

(cf. 0440 - District Technology Plan)

(cf. 6161.1 - Selection and Evaluation of Instructional Materials)

(cf. 6161.11 - Supplementary Instructional Materials)

(cf. 6163.1 - Library Media Centers)

Any organization, agency, or institution receiving obsolete instructional materials donated by the district shall certify to the Governing Board that it agrees to make no charge to any persons to whom it gives or lends these materials. (Education Code 60511)

At least 60 days before selling or donating surplus or undistributed obsolete instructional materials, the Superintendent or designee shall notify the public of the district's intention to do so through a public service announcement on a local television station, in a local newspaper, or by other means that will most effectively reach the entities described above.

Representatives of those entities and members of the public also shall be notified of the opportunity to address the Board regarding the distribution of these materials.

(cf. 9323 - Meeting Conduct)

Surplus or undistributed obsolete instructional materials which are unusable or which cannot be distributed as specified above may be disposed of by either of the following: (Education

Code 60530)

1. Mutilated as not to be salable as instructional materials and sold for scrap or for use in the manufacture of paper pulp or other substances at the highest obtainable price

2.

AR 3270(b)

SALE AND DISPOSAL OF BOOKS, EQUIPMENT AND SUPPLIES (continued)

Destroyed by any economical means, provided that the materials are not destroyed until at least 30 days after the district has given notice to all persons who have filed a request for such notice

(cf. 3510 - Green School Operations)

(cf. 3511.1 - Integrated Waste Management)

Equipment/Supplies Acquired with Federal Funds

When the district has a need to replace equipment originally purchased with funds from a federal grant or subgrant, it may, subject to the approval of the agency that awarded the grant, trade in the original equipment or sell the property and use the proceeds to offset the cost of the replacement property. (34 CFR 80.32 2 CFR 200.313)

(cf. 3230 - Federal Grant Funds)

When any original or replacement equipment or supplies acquired under a federal grant or subgrant are no longer needed for the original project or program or for other federally supported activities, the district may retain or sell such items or, if the item has a current fair market value of less than $5,000, may otherwise dispose of the item in a manner approved by the Board. Whenever the district sells equipment or supplies that have a current fair market value of $5,000 or more, it shall provide an amount to the federal agency equal to the agency's share of the current market value of the equipment or the proceeds from the sale of the equipment or supplies. (34 CFR 80.32-80.33 2 CFR 200.313, 200.314)

In the event that the district is provided equipment that is federally owned, the district shall request disposition instructions from the federal agency when it no longer needs the equipment. (34 CFR 80.32 2 CFR 200.313)

Other Personal Property

The district may sell other surplus or obsolete district-owned personal property through any of the following methods:

1. The Superintendent or designee may advertise for bids by posting a notice in at least three public places in the district for at least two weeks, or by publishing a notice at least once a week for at least two weeks in a newspaper having a general circulation in the district and, if possible, publishing within the district. The district shall sell the property to the highest responsible bidder or shall reject all bids. (Education Code

17545, 17548)

AR 3270(c)

SALE AND DISPOSAL OF BOOKS, EQUIPMENT AND SUPPLIES (continued)

Property for which no qualified bid has been received may be sold, without further advertising, by the Superintendent or designee. (Education Code 17546)

(cf. 3311 - Bids)

2. The property may be sold by means of a public auction conducted by district employees, employees of other public agencies, or by contract with a private auction firm. (Education Code 17545)

3. a. The Board members in attendance at a meeting have unanimously determined that the property does not exceed $2,500 in value. (Education Code 17546)

(cf. 9323.2 - Actions by the Board)

b. The district sells the property to agencies of the federal, state, or local government, to any other school district, or to any agency eligible under the federal surplus property law and the sale price equals the cost of the property

The district may sell the property without advertising for bids under any of the following conditions: plus the estimated cost of purchasing, storing, and handling. (Education Code

17540; 40 USC 549) c. The district sells or leases the property to agencies of the federal, state, or local government or to any other school district and the price and terms of the sale or lease are fixed by the Board and approved by the County

Superintendent of Schools. (Education Code 17542)

Money received from the sale of surplus personal property shall be either deposited in the district reserve or general fund or credited to the fund from which the original purchase was made. (Education Code 17547)

(cf. 3100 - Budget)

(11/09 10/15) 9/16

Centralia ESD

Administrative Regulation

Business and Noninstructional Operations AR 3440(a)

INVENTORIES

In order to provide for the proper tracking and control of district property, the Superintendent or designee shall maintain an inventory of equipment in accordance with law for the following:

1. All equipment items currently valued in excess of $500 (Education Code 35168)

2. All equipment items purchased with state and/or federal categorical funds that have a useful life of more than one year with an acquisition cost of $500 or more per unit

(cf. 3290 - Gifts, Grants and Bequests)

(cf. 3400 - Management of District Assets/Accounts)

(cf. 3512 - Equipment)

In addition, the Superintendent or designee may maintain a list of specific items which shall be inventoried for internal control purposes regardless of their initial cost or current value.

The inventory shall contain a record of the following information: (Education Code 35168; 5

CCR 3946)

1.

2.

3.

Name and description of the property

Identification number

Original cost of the item of equipment or a reasonable estimate if the original cost is unknown

4. Date of acquisition

5. Location of use

6. The date and method of disposal

(cf. 3270 - Sale and Disposal of Books, Equipment and Supplies)

In addition to the information specified in items #1-6 above, the following information shall be recorded for equipment acquired with state and/or federal categorical funds unless otherwise specified in law: (34 CFR 80.32; 5 CCR 3946; 2 CFR 200.313)

Source of the property (funding source) 1.

2. Titleholder

INVENTORIES (continued)

AR 3440(b)

3.

4.

Percentage of federal participation in the cost of the property

Use and condition of property

5. Sale price of the property upon disposition and method used to determine current fair market value

(cf. 3230 - Federal Grant Funds)

At the time of purchase, the Superintendent or designee shall affix a label to the equipment containing the identification number and the district name. Equipment items purchased with categorical program funds shall also be labeled with the name of the project in accordance with 5 CCR 3946.

Whenever an equipment item is moved to a new location or the equipment is used for a new purpose, the new location or purpose shall be recorded in the inventory.

A copy of the inventory shall be kept at the district office and at the appropriate school site.

(cf. 3580 - District Records)

The Superintendent or designee shall annually submit an inventory listing of federally owned property in its custody to the federal agency that granted the award. (2 CFR

200.312)

Physical Inventory

At least once every two years, a physical inventory of equipment shall be conducted and the results reconciled with the property records. (34 CFR 80.32 2 CFR 200.313)

The Superintendent or designee shall establish procedures for conducting the physical inventory which shall include, but not be limited to, designation of person(s) responsible for coordinating and conducting the inventory, preparation and distribution of count sheets, procedures for implementing the inventory, and procedures for conducting a recount to substantiate the validity of the inventory.

The Superintendent or designee shall investigate any differences between the quantities determined by the physical inspection and those in the accounting records.

Legal Reference: (see next page)

INVENTORIES (continued)

Legal Reference:

EDUCATION CODE

AR 3440(c)

35168 Inventory of equipment

CODE OF REGULATIONS, TITLE 5

3946 Control, safeguards, disposal of equipment purchased with consolidated application funds

16022-16023 Classification of records

16035 Historical inventory of equipment

UNITED STATES CODE, TITLE 20

2301-2414 Carl D. Perkins Career and Technical Education Act

CODE OF FEDERAL REGULATIONS, TITLE 2

200.0-200.521 Federal uniform grant guidance

CODE OF FEDERAL REGULATIONS, TITLE 34

80.1-80.52 Uniform administrative requirements for grants to state and local governments

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

California School Accounting Manual, 2008

OFFICE OF MANAGEMENT AND BUDGET COMMUNICATIONS

Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, rev. May 10, 2004

WEB SITES

California Association of School Business Officials: http//www.casbo.org

White House, Office of Management and Budget: http://www.omb.gov

https://www.whitehouse.gov/omb

School Services of California, Inc.: http://www.sscal.com

(6/98 7/09) 9/16

Centralia ESD

Administrative Regulation

Business and Noninstructional Operations

FINANCIAL REPORTS AND ACCOUNTABILITY

AR 3460(a)

Interim Reports

Each interim fiscal report developed pursuant to Education Code 42130 shall include an assessment of the district budget as revised to reflect current information regarding the adopted state budget, district property tax revenues, if any, and ending balances for the preceding fiscal year. (Education Code 42130, 42131)

The interim reports shall be based on State Board of Education (SBE) criteria and standards which address fund and cash balances, reserves, deficit spending, estimation of average daily attendance (ADA), projected enrollment, ratio of ADA to enrollment, projected local control funding formula (LCFF) revenue, salaries and benefits, other revenues and expenditures, and facilities maintenance. For purposes of assessing projections of LCFF revenue, the first interim report shall be compared to the adopted district budget, and the second interim report shall be compared to the projections in the first interim report. (Education Code 42130; 5

CCR 15453-15464)

(cf. 3100 - Budget)

(cf. 3220.1 - Lottery Funds)

(cf. 3300 - Expenditures and Purchases)

(cf. 3314 - Payment for Goods and Services)

The report shall also provide supplemental information regarding contingent liabilities, use of one-time revenues for ongoing expenditures, contingent revenues, contributions (i.e., projected contributions from unrestricted general fund resources to restricted general fund resources, projected transfers to or from the general fund to cover operating deficits in the general fund or any other fund, and capital project cost overruns that may impact the general fund budget), long-term commitments, unfunded liabilities, temporary interfund borrowings, the status of labor agreements, and the status of other funds. (Education Code 42130; 5 CCR

15453, 15464)

(cf. 3110 - Transfer of Funds)

Audit Report

The Superintendent or designee shall establish a timetable for the completion and review of the annual audit within the deadlines established by law.

The Superintendent or designee shall provide the necessary financial records and cooperate with the auditor selected by the Governing Board to ensure that the audit report contains all information required by law and the Governmental Accounting Standards Board (GASB).

FINANCIAL REPORTS AND ACCOUNTABILITY (continued)

AR 3460(b)

The audit shall include an audit of income and expenditures by source of funds for all funds of the district, including the student body and cafeteria funds and accounts, state and federal

grant funds, and any other funds under the control or jurisdiction of the district, as well as an audit of student attendance procedures. The audit shall also include a determination of whether LCFF funds were expended in accordance with the district's local control and accountability plan or an approved annual update of the plan. (Education Code 41020)

(cf. 0460 - Local Control and Accountability Plan)

(cf. 3230 - Federal Grant Funds)

(cf. 3430 - Investing)

(cf. 3451 - Petty Cash Funds)

(cf. 3452 - Student Activity Funds)

(cf. 3551 - Food Service Operations/Cafeteria Fund)

If the district participates in the school district of choice program to accept interdistrict transfers, the Superintendent or designee shall notify the auditor, prior to the commencement of the audit, that the audit must include a review of the district's compliance with specified program requirements. (Education Code 48301)

(cf. 5117 - Interdistrict Attendance)

When required by federal law, specified records pertaining to the audit of federal funds received and expended by the district shall be transmitted to the federal clearinghouse designated by the federal Office of Management and Budget and shall be made available for public inspection. Such records shall be transmitted within 30 days after receipt of the auditor's report or within nine months after the end of the fiscal year, whichever is sooner, unless a longer period is agreed to in advance by the federal agency or a different period is specified in a program-specific audit guide. (31 USC 7502)

If an audit finding results in the district being required to repay an apportionment or pay a penalty, the district may appeal the finding to the Education Audit Appeals Panel by making an informal summary appeal within 30 days of receiving the final audit report or initiating a formal appeal within 60 days of receiving the report. (Education Code 41344, 41344.1)

While a public accounting firm is performing the audit of the district, it shall not provide any nonauditing, management, or other consulting services for the district except as provided in

Government Auditing Standards, Amendment #3, published by the U.S. Government

Accountability Office. (Education Code 41020)

FINANCIAL REPORTS AND ACCOUNTABILITY (continued)

Fund Balance

AR 3460(c)

In accordance with GASB Statement 54, external financial reports shall report fund balances in the general fund within the following classifications based on the relative strength of constraints placed on the purposes for which resources can be used:

1. Nonspendable fund balance, including amounts that are not expected to be converted to cash, such as resources that are not in a spendable form or are legally or contractually required to be maintained intact

2. Restricted fund balance, including amounts constrained to specific purposes by their providers or by law

3. Committed fund balance, including amounts constrained to specific purposes by the

Board

4. Assigned fund balance, including amounts which the Board or its designee intends to use for a specific purpose

5. Unassigned fund balance, including amounts that are available for any purpose

Negative Balance Report

Whenever the district reports a negative unrestricted fund balance or a negative cash balance in its annual budget or annual audit report, it shall include in the budget a statement that identifies the reasons for the negative unrestricted fund balance or negative cash balance and the steps that have been taken to ensure that the negative balance will not occur at the end of the current fiscal year. (Education Code 42127.5)

Non-Voter-Approved Debt Report

Upon approval by the Board to proceed with the issuance of revenue bonds or any agreement for financing school construction pursuant to Education Code 17170-17199.5, the

Superintendent or designee shall notify the County Superintendent of Schools and the county auditor. The Superintendent or designee shall provide the Board, the county auditor, the

County Superintendent, and the public with related repayment schedules and evidence of the district's ability to repay the obligation. (Education Code 17150)

(cf. 7214 - General Obligation Bonds)

FINANCIAL REPORTS AND ACCOUNTABILITY (continued)

AR 3460(d)

When the Board is considering the issuance of certificates of participation and other debt instruments that are secured by real property and do not require the approval of the voters of the district, the Superintendent or designee shall provide notice to the County Superintendent and county auditor no later than 30 days before the Board's approval to proceed with issuance. The Superintendent or designee shall provide the Board, the county auditor, the

County Superintendent, and the public with information necessary to assess the anticipated effect of the debt issuance, including related repayment schedules, evidence of the district's ability to repay the obligation, and the issuance costs. (Education Code 17150.1)

Other Postemployment Benefits Report (GASB 45)

In accordance with GASB Statement 45 75, the district's financial statements shall report the annual expense of nonpension other postemployment benefits (OPEBs) on an accrual basis over retirees' active working lifetime, as determined by a qualified actuary procured by the

Superintendent or designee. To the extent that these OPEBs are not prefunded, the district shall report a liability on its financial statements.

(cf. 4154/4254/4354 - Health and Welfare Benefits)

(cf. 9250 - Remuneration, Reimbursement and Other Benefits)

The Superintendent or designee shall annually present the estimated accrued but unfunded cost of OPEBs and the actuarial report upon which those costs are based at a public meeting of the Board. (Education Code 42140)

The district's financial obligation for OPEBs shall be reevaluated every two or three years in accordance with GASB 45 75. depending on the number of members in the OPEB plan.

Workers' Compensation Claims Report

The Superintendent or designee shall annually provide the Board, at a public meeting, information and related actuarial reports showing the estimated accrued but unfunded cost of workers' compensation claims. The estimate of costs shall be based on an actuarial report completed at least every three years by a qualified actuary. (Education Code 42141)

(4/13 4/14) 9/16

Centralia ESD

Administrative Regulation

Business and Noninstructional Operations

AR 3512(a)

EQUIPMENT

District equipment shall be used primarily for educational purposes and/or to conduct district business. The Superintendent or designee shall ensure that all employees, students, and other users understand the appropriate use of district equipment and that any misuse may be cause for disciplinary action or loss of user privilege.

(cf. 0440 - District Technology Plan)

(cf. 3515.4 - Recovery for Property Loss or Damage)

(cf. 3540 - Transportation)

(cf. 3551 - Food Service Operations/Cafeteria Fund)

(cf. 4040 - Employee Use of Technology)

(cf. 4118 - Dismissal/Suspension/Disciplinary Action)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

(cf. 5142 - Safety)

(cf. 5144 - Discipline)

(cf. 6000 - Concepts and Roles)

(cf. 6163.4 - Student Use of Technology)

(cf. 6171 - Title I Programs)

School-connected organizations may be granted reasonable use of the equipment for schoolrelated matters as long as it does not interfere with the use by students or employees or otherwise disrupt district operations.

(cf. 1230 - School-Connected Organizations)

(cf. 1330 - Use of School Facilities)

The Superintendent or designee shall approve the transfer of any district equipment from one work site to another and the removal of any district equipment for off-site use. When any equipment is taken off site, the borrower is responsible for its safe return and shall be fully liable for any loss or damage.

Employees transferred to another work site shall take with them only those personal items that have been purchased with their own funds unless otherwise authorized by the

Superintendent or designee or applicable Board policy.

The Superintendent or designee shall maintain an inventory of all equipment currently valued in excess of $500. (Education Code 35168; 5 CCR 3946)

(cf. 3440 - Inventories)

EQUIPMENT (continued)

AR 3512(b)

When equipment is unusable or is no longer needed, it may be sold, donated, or disposed of in accordance with Education Code 17540-17555 or 34 CFR 80.32 2 CFR 200.313, as applicable.

(cf. 3270 - Sale and Disposal of Books, Equipment and Supplies)

Equipment Acquired with Federal Funds

The Superintendent or designee shall obtain prior written approval from the California

Department of Education or other awarding agency before purchasing equipment with federal funds. (2 CFR 200.48, 200.313, 200.439)

(cf. 3230 - Federal Grant Funds)

(cf. 3300 - Expenditures and Purchases)

All equipment purchased for federal programs funded through the consolidated application pursuant to Education Code 64000-64001 shall be labeled with the name of the project, identification number, and name of the district. (2 CFR 200.313; 5 CCR 3946)

For any equipment acquired in whole or in part with federal funds, the Superintendent or designee shall develop adequate maintenance procedures to keep the property in good condition. He/she shall also develop adequate safeguards to prevent loss, damage, or theft of the property and shall investigate any loss, damage, or theft. (2 CFR 200.313; 34 CFR

80.32)

(cf. 3530 - Risk Management/Insurance)

(cf. 4156.3/4256.3/4356.3 - Employee Property Reimbursement)

Equipment purchased for use in a federal program shall be used in that program as long as needed, whether or not the program continues to be supported by federal funds. The equipment may be used in other activities currently or previously supported by a federal agency when such use does not interfere with the work on the project or program for which it was originally acquired or when use of the equipment is no longer needed for the original program. (34 CFR 80.32 2 CFR 200.313)

Legal Reference: (on next page)

AR 3512(c)

EQUIPMENT (continued)

EDUCATION CODE

17540-17542 Sale or lease of personal property by one district to another

17545-17555 Sale of personal property

17605 Delegation of authority to purchase supplies and equipment

35160 Authority of governing boards

35168 Inventory of equipment

64000-64001 Consolidated application process

CODE OF REGULATIONS, TITLE 5

3946 Control, safeguards, disposal of equipment purchased with state and federal consolidated application funds

4424 Comparability of services

16023 Class 1 - Permanent records

UNITED STATES CODE, TITLE 20

6321 Fiscal requirements

CODE OF FEDERAL REGULATIONS, TITLE 2

200.0-200.521 Federal uniform grant guidance

CODE OF FEDERAL REGULATIONS, TITLE 34

80.1-80.52 Uniform administration requirements for grants to state and local governments

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

California School Accounting Manual

OFFICE OF MANAGEMENT AND BUDGET PUBLICATIONS

Cost Principles for State, Local, and Indian Tribal Governments, OMB Circular A-87

WEB SITES

California Department of Education: http://www.cde.ca.gov

Office of Management and Budget: https://www.whitehouse.gov/omb

(6/98 10/15) 9/16

Centralia ESD

Board Policy

Students

BP 5145.3(a)

NONDISCRIMINATION/HARASSMENT

The Governing Board desires to provide a safe school environment that allows all students equal access and opportunities in the district's academic, extracurricular, and other educational support programs, services, and activities. The Board prohibits, at any district school or school activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying, of targeted at any student by anyone, based on the student's actual or perceived race, color, ancestry, national origin, nationality, ethnicity, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, or gender expression or association with a person or group with one or more of these actual or perceived characteristics.

This policy shall apply to all acts related to school activity or to school attendance occurring within a district school, and to acts which occur off campus or outside of school-related

or school-sponsored activities but which may have an impact or create a hostile

environment at school. (Education Code 234.1)

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 5131 - Conduct)

(cf. 5131.2 - Bullying)

(cf. 5137 - Positive School Climate)

(cf. 5145.9 - Hate-Motivated Behavior)

(cf. 5146 - Married/Pregnant/Parenting Students)

(cf. 6164.6 - Identification and Education Under Section 504)

Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, includes may result from physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also shall includes the creation of a hostile environment when the through prohibited conduct that is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects a student's educational opportunities.

Unlawful discrimination also includes disparate treatment of students based on one of the categories above with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services.

The Board also prohibits any form of retaliation against any individual who reports or

participates in the reporting of unlawful discrimination, files or participates in the filing

of a complaint, or investigates or otherwise participates in the filing or investigation of a complaint or report regarding an incident of alleging unlawful discrimination. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint.

NONDISCRIMINATION/HARASSMENT (continued)

BP 5145.3(b)

The Superintendent or designee shall facilitate students' access to the educational program by publicizing the district's nondiscrimination policy and related complaint procedures to students, parents/guardians, and employees. He/she shall provide training and information on the scope and use of the policy and complaint procedures and take other measures designed to increase the school community's understanding of the requirements of law related to discrimination. The Superintendent or designee shall regularly review the implementation of the district's nondiscrimination policies and practices and, as necessary, shall take action to remove any identified barrier to student access to or participation in the district's educational program. He/she shall report his/her findings and recommendations to the Board after each review.

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 1330 - Use of Facilities)

(cf. 4131 - Staff Development)

(cf. 4231 - Staff Development)

(cf. 4331 - Staff Development)

(cf. 6145 - Extracurricular and Cocurricular Activities)

(cf. 6145.2 - Athletic Competition)

(cf. 6164.2 - Guidance/Counseling Services)

Regardless of whether a complainant complies with the writing, timeline, and/or other formal filing requirements, all complaints alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, shall be investigated and prompt action taken to stop the discrimination, prevent recurrence, and address any continuing effect on students.

Students who engage in unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, in violation of law, Board policy, or administrative regulation shall be subject to appropriate consequence or discipline, which may include suspension or expulsion for when the behavior that is severe or pervasive as defined in

Education Code 48900.4. Any employee who permits or engages in prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall be subject to disciplinary action, up to and including dismissal.

(cf. 4118 - Suspension/Disciplinary Action)

(cf. 4119.21/4219.21/4319.21 - Professional Standards)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

(cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

(cf. 5145.2 - Freedom of Speech/Expression)

NONDISCRIMINATION/HARASSMENT (continued)

Record-Keeping

BP 5145.3(c)

The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, to enable the district to monitor, address, and prevent repetitive prohibited behavior in district schools.

(cf. 3580 - District Records)

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination

48900.3 Suspension or expulsion for act of hate violence

48900.4 Suspension or expulsion for threats or harassment

48904 Liability of parent/guardian for willful student misconduct

48907 Student exercise of free expression

48950 Freedom of speech

48985 Translation of notices

49020-49023 Athletic programs

51500 Prohibited instruction or activity

51501 Prohibited means of instruction

60044 Prohibited instructional materials

CIVIL CODE

1714.1 Liability of parents/guardians for willful misconduct of minor

PENAL CODE

422.55 Definition of hate crime

422.6 Crimes, harassment

CODE OF REGULATIONS, TITLE 5

432 Student record

4600-4687 Uniform complaint procedures

4900-4965 Nondiscrimination in elementary and secondary education programs

UNITED STATES CODE, TITLE 20

1681-1688 Title IX of the Education Amendments of 1972

12101-12213 Title II equal opportunity for individuals with disabilities

UNITED STATES CODE, TITLE 29

794 Section 504 of Rehabilitation Act of 1973

UNITED STATES CODE, TITLE 42

2000d-2000e-17 Title VI and Title VII Civil Rights Act of 1964, as amended

2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964

6101-6107 Age Discrimination Act of 1975

CODE OF FEDERAL REGULATIONS, TITLE 28

35.107 Nondiscrimination on basis of disability; complaints

Legal Reference continued: (see next page)

NONDISCRIMINATION/HARASSMENT (continued)

CODE OF FEDERAL REGULATIONS, TITLE 34

99.31 Disclosure of personally identifiable information

100.3 Prohibition of discrimination on basis of race, color or national origin

104.7 Designation of responsible employee for Section 504

106.8 Designation of responsible employee for Title IX

106.9 Notification of nondiscrimination on basis of sex

COURT DECISIONS

Donovan v. Poway Unified School District, (2008) 167 Cal.App.4th 567

Flores v. Morgan Hill Unified School District, (2003) 324 F.3d 1130

Management Resources:

CSBA PUBLICATIONS

Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-

Nonconforming Students, Policy Brief, February 2014

Final Guidance Regarding Transgender Students, Privacy, and Facilities, March 2014

Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011

Management Resources continued: (see next page)

Management Resources: (continued)

BP 5145.3(d)

FIRST AMENDMENT CENTER PUBLICATIONS

Public Schools and Sexual Orientation: A First Amendment Framework for Finding Common Ground,

2006

NATIONAL SCHOOL BOARDS ASSOCIATION PUBLICATIONS

Dealing with Legal Matters Surrounding Students' Sexual Orientation and Gender Identity, 2004

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Dear Colleague Letter: Transgender Students, May 2016

Examples of Policies and Emerging Practices for Supporting Transgender Students, May 2016

Dear Colleague Letter: Title IX Coordinators, April 2015

Dear Colleague Letter: Harassment and Bullying, October 2010

Notice of Non-Discrimination, January 1999

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

California Safe Schools Coalition: http://www.casafeschools.org

First Amendment Center: http://www.firstamendmentcenter.org

National School Boards Association: http://www.nsba.org

U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr

(2/14 10/14) 9/16

CSBA Sample

Administrative Regulation

Students

AR 5145.3(a)

NONDISCRIMINATION/HARASSMENT

The district designates the individual(s) identified below as the employee(s) responsible for coordinating the district's efforts to comply with applicable state and federal civil rights laws, including Title IX of the Education Amendments of 1972, Section 504 of the

Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the Age

Discrimination Act of 1975, and to answer inquiries regarding the district's nondiscrimination policies. The individual(s) shall also serve as the compliance officer(s) specified in AR 1312.3 - Uniform Complaint Procedures as the responsible employee to handle complaints regarding alleging unlawful discrimination targeting a student, including discriminatory harassment, intimidation, or bullying, based on the student's actual or

perceived race, color, ancestry, national origin, nationality, ethnicity, ethnic group identification, age, religion, marital or parental status, pregnancy, physical or mental

AR 5145.3(b)

NONDISCRIMINATION/HARASSMENT (continued) disability, sex, sexual orientation, gender, gender identity, gender expression, or any other legally protected status; the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. The coordinator/compliance officer(s) may be contacted at: (Education Code 234.1; 5 CCR

4621)

Assistant Superintendent, Human Resources

6625 La Palma Avenue, Buena Park, CA 90620

(714) 228-3100

[email protected]

(cf. 1312.1 - Complaints Concerning District Employees)

(cf. 1312.3 - Uniform Complaint Procedures)

Measures to Prevent Discrimination

To prevent unlawful discrimination, including discriminatory harassment, intimidation, retaliation, and bullying, of students at district schools or in school activities and to ensure equal access of all students to the educational program, the Superintendent or designee shall implement the following measures:

NONDISCRIMINATION/HARASSMENT (continued)

AR 5145.3(b)

1. Publicize the district's nondiscrimination policy and related complaint procedures, including the coordinator/compliance officer's contact information, to students, parents/guardians, employees, volunteers, and the general public, posting them on the district's web site and other prominent locations and providing easy access to them through district-supported social media, when available.

(cf. 1113 - District and School Web Sites)

(cf. 1114 - District-Sponsored Social Media)

2. Provide to students a handbook that contains age-appropriate information that clearly describes the district's nondiscrimination policy, procedures for filing a complaint, and resources available to students who feel that they have been the victim of any such behavior. (Education Code 234.1)

3. Annually notify all students and parents/guardians of the district's nondiscrimination policy, including its responsibility to provide a safe, nondiscriminatory school

environment for all students, including transgender and gender-nonconforming

students. The notice shall inform students and parents/guardians of the possibility that students will participate in a sex-segregated school program or activity together with another student of the opposite biological sex, and that they may inform the compliance officer if they feel such participation would be against the student's religious beliefs and/or practices or a violation of his/her right to privacy. In such a case, request to meet with the compliance officer shall meet with the student and/or parent/guardian who raises the objection to determine how best to accommodate that student or resolve concerns that may arise from the district's implementation of

its nondiscrimination policies. The notice shall also inform all students and parents/guardians that, to the extent possible, the district will address any

individual student's interests and concerns in private. The notice shall inform students and parents/guardians that the district will not typically notify them of individual instances of transgender students participating in a program or activity.

(cf. 5145.6 - Parental Notifications)

4. The Superintendent or designee shall ensure that all students and parents/guardians, including students and parents/guardians those with limited English proficiency, are notified of how to access the relevant information provided in the district's nondiscrimination policy and related complaint procedures, notices, and forms in a language they can understand.

NONDISCRIMINATION/HARASSMENT (continued)

AR 5145.3(c)

If 15 percent or more of students enrolled in a particular district school speak a single primary language other than English, the district's policy, regulation, forms, and notices concerning nondiscrimination shall be translated into that language in accordance with Education Code 234.1 and 48985. In all other instances, the district shall ensure meaningful access to all relevant information for parents/guardians with limited English proficiency.

5. Provide to students, employees, volunteers, and parents/guardians age-appropriate training and information regarding the district's nondiscrimination policy; what constitutes prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying; how and to whom a report of an incident should be made; and how to guard against segregating or stereotyping students when transgender and gender-nonconforming students.

(cf. 1240 - Volunteer Assistance)

(cf. 4131 - Staff Development)

(cf. 4231 - Staff Development)

(cf. 4331 - Staff Development)

6. providing instruction, guidance, supervision, or other services to them. Such training and information shall include details of guidelines for the district may use to

provide a discrimination-free environment for all district students, including

At the beginning of each school year, inform school employees that any employee who witnesses any act of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, against a student is required to intervene if it is safe to do so. (Education Code 234.1)

7. At the beginning of each school year, inform each principal or designee of the district's responsibility to provide appropriate assistance or resources to protect students' privacy rights and ensure their safety from threatened or potentially discriminatory behavior.

Enforcement of District Policy

The Superintendent or designee shall take appropriate actions to reinforce BP 5145.3 -

Nondiscrimination/Harassment. As needed, these actions may include any of the following:

1. Removing vulgar or offending graffiti

(cf. 5131.5 - Vandalism and Graffiti)

2. Providing training to students, staff, and parents/guardians about how to recognize unlawful discrimination, how to report it or file a complaint, and how to respond

NONDISCRIMINATION/HARASSMENT (continued)

AR 5145.3(d)

3. Disseminating and/or summarizing the district's policy and regulation regarding unlawful discrimination

4. Consistent with the laws regarding the confidentiality of student and personnel records, communicating the school's response to students, parents/guardians, and the community

(cf. 4112.6/4212.6/4312.6 - Personnel Files)

(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)

(cf. 5125 - Student Records)

5. Taking appropriate disciplinary action against students, employees, and anyone determined to have engaged in wrongdoing in violation of district policy, including any student who is found to have filed a complaint of discrimination that he/she knew was not true

(cf. 4118 - Suspension/Disciplinary Action)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

(cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

(cf. 6159.4 - Behavioral Interventions for Special Education Students)

Process for Initiating and Responding to Complaint

Any student who feels that he/she has been subjected to unlawful discrimination described above or in district policy is strongly encouraged to immediately contact the compliance officer, principal, or any other staff member. In addition, any student who observes any such incident is strongly encouraged to report the incident to the compliance officer or principal, whether or not the alleged victim files a complaint.

Any school employee who observes an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, or to whom such an incident is reported shall report the incident to the compliance officer or principal within a school day, whether or not the alleged victim files a complaint.

Any school employee who witnesses an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall immediately intervene to stop the incident when it is safe to do so. (Education Code 234.1)

When a verbal report of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, is made to or received by the principal or compliance officer, he/she shall make a note of the report and encourage the student or parent/guardian to file the complaint in writing, pursuant to the provisions in AR 1312.3 - Uniform Complaint

Procedures. Once notified verbally or in writing, the principal or compliance officer shall

NONDISCRIMINATION/HARASSMENT (continued)

AR 5145.3(e) begin the investigation and shall implement immediate measures necessary to stop the discrimination and ensure that all students have access to the educational program and a safe school environment. Any interim measures adopted to address unlawful discrimination shall, to the extent possible, not disadvantage the complainant or a student who is the victim of the alleged unlawful discrimination.

Any report or complaint alleging unlawful discrimination by the principal, compliance officer, or any other person to whom a report would ordinarily be made or complaint filed shall instead be made to or filed with the Superintendent or designee who shall determine how the complaint will be investigated.

(cf. 5141.4 - Child Abuse Prevention and Reporting)

Transgender and Gender-Nonconforming Students

Gender identity of a student means the student's gender-related identity, appearance, or behavior as determined from the student's internal sense of his/her gender, whether or not that gender-related identity, appearance, or behavior is different from that traditionally associated with the student's physiology or assigned sex at birth.

Gender expression means a student's gender-related appearance and behavior, whether stereotypically associated with the student's assigned sex at birth. (Education Code 210.7)

Gender transition refers to the process in which a student changes from living and identifying as the sex assigned to the student at birth to living and identifying as the sex that corresponds to the student's gender identity.

Gender-nonconforming student means a student whose gender expression differs from stereotypical expectations.

Transgender student means a student whose gender identity is different from the gender he/she was assigned at birth.

Regardless of whether they are sexual in nature, acts of verbal, nonverbal, or physical

NONDISCRIMINATION/HARASSMENT (continued)

AR 5145.3(f) aggression, intimidation, or hostility that are based on sex, gender identity, or gender expression, or that have the purpose or effect of producing a negative impact on the student's

3.

4. academic performance or of creating an intimidating, hostile, or offensive educational environment are prohibited. Examples of types of conduct which are prohibited in the district and which may constitute gender-based harassment include, but are not limited to:

1. Refusing to address a student by a name and the pronouns consistent with his/her gender identity

2. Disciplining or disparaging a student or excluding him/her from participating in activities for behavior or appearance that is consistent with his/her gender identity or that does not conform to stereotypical notions of masculinity or femininity, as applicable

Blocking a student's entry to the bathroom that corresponds to his/her gender identity

Taunting a student because he/she participates in an athletic activity more typically favored by a student of the other sex

5. Revealing a student's transgender status to individuals who do not have a legitimate need for the information, without the student's consent

6. Use of gender-specific slurs

7. Physical assault of a student motivated by hostility toward him/her because of his/her gender, gender identity, or gender expression

The district's uniform complaint procedures (AR 1312.3) shall be used to report and resolve complaints alleging discrimination against transgender and gender-nonconforming students.

Examples of bases for complaints include, but are not limited to, the above list, as well as improper rejection by the district of a student's asserted gender identity, denial of access to facilities that correspond with a student's gender identity, improper disclosure of a student's transgender status, discriminatory enforcement of a dress code, and other instances of gender-based harassment.

To ensure that transgender and gender-nonconforming students are afforded the same rights, benefits, and protections provided to all students by law and Board policy, the district shall address each situation on a case-by-case basis, in accordance with the following guidelines:

NONDISCRIMINATION/HARASSMENT (continued)

AR 5145.3(g)

1. Right to privacy: A student's transgender or gender-nonconforming status is his/her private information and the district shall only disclose the information to others with the student's prior written consent, except when the disclosure is otherwise required by law or when the district has compelling evidence that disclosure is necessary to preserve the student's physical or mental well-being. In any case, the district shall only allow disclosure of a student's personally identifiable information to employees with a legitimate educational interest as determined by the district pursuant to 34 CFR

99.31. Any district employee to whom a student's transgender or gendernonconforming status is disclosed shall keep the student's information confidential.

When disclosure of a student's gender identity is made to a district employee by a student, the employee shall seek the student's permission to notify the compliance officer. If the student refuses to give permission, the employee shall keep the student's information confidential, unless he/she is required to disclose or report the student's information pursuant to this procedure, and shall inform the student that honoring the student's request may limit the district's ability to meet the student's needs related to his/her status as a transgender or gender-nonconforming student. If the student permits the employee to notify the compliance officer, the employee shall do so within three school days.

As appropriate given the physical, emotional, and other significant risks to the student

student's need for support, the compliance officer may consider discussing discuss with the student the any need to disclose the student's transgender or gendernonconformity status or gender identity or gender expression to his/her parents/guardians and/or others, including other students, teacher(s), or other adults on campus. The district shall offer support services, such as counseling, to students who wish to inform their parents/guardians of their status and desire assistance in doing so.

(cf. 1340 - Access to District Records)

(cf. 3580 - District Records)

2. Determining a Student's Gender Identity: The compliance officer shall accept the student's assertion of his/her gender identity and begin to treat the student

consistent with his/her gender identity unless district personnel present a credible

and supportable basis for believing that the student's assertion is for an improper purpose. In such a case, the compliance officer shall document the improper purpose and, within seven school days of receiving notification of the student's assertion, shall provide a written response to the student and, if appropriate, to his/her parents/guardians.

3. Addressing a Student's Transition Needs: The compliance officer shall arrange a

NONDISCRIMINATION/HARASSMENT (continued)

AR 5145.3(h) meeting with the student and, if appropriate, his/her parents/guardians to identify potential issues, including transition-related issues, and develop strategies for addressing them ensuring that the student's access to education programs and

activities is maintained. The meeting shall discuss the transgender or gendernonconforming student's rights and how those rights may affect and be affected by the rights of other students and shall address specific subjects related to the student's access to facilities and to academic or educational support programs, services, or activities, including, but not limited to, sports and other competitive endeavors. In addition, the compliance officer shall identify specific school site employee(s) to whom the student may report any problem related to his/her status as a transgender or gender-nonconforming individual, so that prompt action could be taken to address it.

Alternatively, if appropriate and desired by the student, the school may form a support team for the student that will meet periodically to assess whether the student's arrangements for the student are meeting his/her educational needs and providing equal access to programs and activities, educate appropriate staff about the student's transition, and serve as a resource to the student to better protect the student from gender-based discrimination.

4. Accessibility to Sex-Segregated Facilities, Programs, and Activities: The district may

When the district maintains sex-segregated facilities, such as restrooms and locker rooms, or offers sex-segregated programs and activities, such as physical education classes, intermural sports, and interscholastic athletic programs, A students shall be entitled permitted to access facilities and participate in programs and activities consistent with his/her their gender identity. If available and requested by any student, regardless of the underlying reason, To address any student's privacy

concerns in using sex-segregated facilities, the district shall offer available options to address privacy concerns in sex-segregated facilities such as a gender-neutral or single-use restroom or changing area, a bathroom stall with a door, an area in the locker room separated by a curtain or screen, access to a staff member's office, or use of the locker room before or after the other students. However, the district shall not require a student to utilize these options because he/she is transgender or gendernonconforming. In addition, a student shall be permitted to participate in accordance with his/her gender identity in other circumstances where students are separated by gender, such as for class discussions, yearbook pictures, and field trips. A student's right to participate in a sex-segregated activity in accordance with his/her gender identity shall not render invalid or inapplicable any other eligibility rule established for participation in the activity.

(cf. 6145 - Extracurricular and Cocurricular Activities)

(cf. 6145.2 - Athletic Competition)

(cf. 6153 - School-Sponsored Trips)

(cf. 7110 - Facilities Master Plan)

NONDISCRIMINATION/HARASSMENT (continued)

5.

AR 5145.3(i)

Student Records: A student's legal name or gender as entered on the mandatory student record required pursuant to 5 CCR 432 shall only be changed pursuant to a court order. However, at the written request of a student or, if appropriate, his/her parents/guardians, the district shall use the student's preferred name and pronouns consistent with his/her gender identity on all other district-related documents. Such

preferred name may be added to the student's record and official documents as permitted by law.

(cf. 5125 - Student Records)

(cf. 5125.1 - Release of Directory Information)

6. Names and Pronouns: If a student so chooses, district personnel shall be required to address the student by a name and the pronouns consistent with his/her gender identity, without the necessity of a court order or a change to his/her official district record. However, inadvertent slips or honest mistakes by district personnel in the use of the student's name and/or consistent pronouns shall not constitute a violation of this administrative regulation or the accompanying district policy.

7. Uniforms/Dress Code: A student has the right to dress in a manner consistent with his/her gender identity, subject to any dress code adopted on a school site.

(cf. 5132 - Dress Code)

(2/14 10/14) 9/16

Centralia ESD

Board Policy

Students

BP 5145.7(a)

SEXUAL HARASSMENT

The Governing Board is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board prohibits, sexual harassment of students at school or at school-sponsored or school-related activities, sexual harassment targeted at

any student by anyone. The Board also prohibits retaliatory behavior or action against any person who reports, files a complaint or testifies about, or otherwise supports a complainant in alleging sexual harassment.

The district strongly encourages any student who feels that he/she is being or has been sexually harassed on school grounds or at a school-sponsored or school-related activity by another student or an adult who has experienced off-campus sexual harassment that has a

continuing effect on campus to immediately contact his/her teacher, the principal, or any other available school employee. Any employee who receives a report or observes an incident of sexual harassment shall notify the principal or a district compliance officer.

Once notified, the principal or compliance officer shall take the steps to investigate and address the allegation, as specified in the accompanying administrative regulation.

(cf. 0410 - Nondiscrimination in District Programs and Activities)

(cf. 1312.1 - Complaints Concerning District Employees)

(cf. 5131 - Conduct)

(cf. 5131.2 - Bullying)

(cf. 5137 - Positive School Climate)

(cf. 5141.4 - Child Abuse Prevention and Reporting)

(cf. 5145.3 - Nondiscrimination/Harassment)

(cf. 6142.1 - Sexual Health and HIV/AIDS Prevention Instruction)

The Superintendent or designee shall take appropriate actions to reinforce the district's sexual harassment policy.

Instruction/Information

The Superintendent or designee shall ensure that all district students receive age-appropriate information on sexual harassment. Such instruction and information shall include:

1. What acts and behavior constitute sexual harassment, including the fact that sexual harassment could occur between people of the same sex and could involve sexual violence

2. A clear message that students do not have to endure sexual harassment under any circumstance

3. Encouragement to report observed incidents of sexual harassment even where the alleged victim of the harassment has not complained

BP 5145.7(b)

SEXUAL HARASSMENT (continued)

4. A clear message that student safety is the district's primary concern, and that any separate rule violation involving an alleged victim or any other person reporting a sexual harassment incident will be addressed separately and will not affect the manner in which the sexual harassment complaint will be received, investigated, or resolved

5. A clear message that, regardless of a complainant's noncompliance with the writing, timeline, or other formal filing requirements, every sexual harassment allegation that involves a student, whether as the complainant, respondent, or victim of the harassment, shall be investigated and prompt action shall be taken to stop any harassment, prevent recurrence, and address any continuing effect on students

5. 6. Information about the district's procedure for investigating complaints and the person(s) to whom a report of sexual harassment should be made

6. 7. Information about the rights of students and parents/guardians to file a civil or criminal complaint, as applicable, including the right to file a civil or criminal

complaint while the district investigation of a sexual harassment complaint

continues

8. A clear message that, when needed, the district will take interim measures to ensure a safe school environment for a student who is the complainant or victim of sexual harassment and/or other students during an investigation and that, to the extent possible, when such interim measures are taken, they shall not disadvantage the complainant or victim of the alleged harassment

Complaint Process and Disciplinary Actions

Complaints regarding Sexual harassment complaints by and against students shall be investigated and resolved in accordance with law and district procedures specified in AR

1312.3 - Uniform Complaint Procedures. Principals are responsible for notifying students and parents/guardians that complaints of sexual harassment can be filed under AR 1312.3 and where to obtain a copy of the procedures.

(cf. 1312.3 - Uniform Complaint Procedures)

Upon investigation of a sexual harassment complaint, Aany student who engages found

to have engaged in sexual harassment or sexual violence at school or at a school-sponsored or school-related activity is in violation of this policy and shall be subject to disciplinary action. For students in grades 4-12, disciplinary action may include suspension and/or

SEXUAL HARASSMENT (continued)

BP 5145.7(c) expulsion, provided that, in imposing such discipline, the entire circumstances of the incident(s) shall be taken into account.

(cf. 5144 - Discipline)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))

Upon investigation of a sexual harassment complaint, Any staff member any employee found to have engaged in sexual harassment or sexual violence toward any student shall be subject to discipline up to and including dismissal have his/her employment terminated in accordance with applicable policies, laws, and/or the applicable collective bargaining agreements.

(cf. 4117.7 - Employment Status Report)

(cf. 4118 - Dismissal/Suspension/Disciplinary Action)

(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)

Record-Keeping

The Superintendent or designee shall maintain a record of all reported cases of sexual harassment to enable the district to monitor, address, and prevent repetitive harassing behavior in district schools.

(cf. 3580 - District Records)

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination on the basis of sex

48900 Grounds for suspension or expulsion

48900.2 Additional grounds for suspension or expulsion; sexual harassment

48904 Liability of parent/guardian for willful student misconduct

48980 Notice at beginning of term

CIVIL CODE

51.9 Liability for sexual harassment; business, service and professional relationships

1714.1 Liability of parents/guardians for willful misconduct of minor

GOVERNMENT CODE

12950.1 Sexual harassment training

CODE OF REGULATIONS, TITLE 5

4600-4687 Uniform complaint procedures

4900-4965 Nondiscrimination in elementary and secondary education programs

UNITED STATES CODE, TITLE 20

1221 Application of laws

1232g Family Educational Rights and Privacy Act

1681-1688 Title IX, discrimination

Legal Reference continued: (see next page)

SEXUAL HARASSMENT (continued)

Legal Reference: (continued)

UNITED STATES CODE, TITLE 42

1983 Civil action for deprivation of rights

2000d-2000d-7 Title VI, Civil Rights Act of 1964

2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended

CODE OF FEDERAL REGULATIONS, TITLE 34

99.1-99.67 Family Educational Rights and Privacy

106.1-106.71 Nondiscrimination on the basis of sex in education programs

COURT DECISIONS

Donovan v. Poway Unified School District, (2008) 167 Cal.App.4th 567

Flores v. Morgan Hill Unified School District, (2003, 9th Cir.) 324 F.3d 1130

Reese v. Jefferson School District, (2001, 9th Cir.) 208 F.3d 736

Davis v. Monroe County Board of Education, (1999) 526 U.S. 629

Gebser v. Lago Vista Independent School District, (1998) 524 U.S. 274

Oona by Kate S. v. McCaffrey, (1998, 9th Cir.) 143 F.3d 473

Doe v. Petaluma City School District, (1995, 9th Cir.) 54 F.3d 1447

Management Resources:

CSBA PUBLICATIONS

BP 5145.7(d)

Providing a Safe, Nondiscriminatory School Environment for Transgender and Gender-

Nonconforming Students, Policy Brief, February 2014

Safe Schools: Strategies for Governing Boards to Ensure Student Success, 2011

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Dear Colleague Letter: Transgender Students, May 2016

Examples of Policies and Emerging Practices for Supporting Transgender Students, May 2016

Dear Colleague Letter: Title IX Coordinators, April 2015

Questions and Answers on Title IX and Sexual Violence, April 2014

Dear Colleague Letter: Sexual Violence, April 4, 2011

Sexual Harassment: It's Not Academic, September 2008

Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, January 2001

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr

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CSBA Sample

Administrative Regulation

Students

AR 5145.7(a)

SEXUAL HARASSMENT

The district designates the following individual(s) as the responsible employee(s) to coordinate its efforts to comply with Title IX of the Education Amendments of 1972 and

California Education Code 234.1, as well as to investigate and resolve sexual harassment complaints under AR 1312.3 - Uniform Complaint Procedures. The coordinator/compliance officer(s) may be contacted at:

Assistant Superintendent, Human Resources

6625 La Palma Avenue, Buena Park, CA 90620

(714) 228-3100

[email protected]

(cf. 1312.3 - Uniform Complaint Procedures)

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, under any of the following conditions: (Education Code 212.5; 5 CCR 4916)

1. Submission to the conduct is explicitly or implicitly made a term or condition of a student's academic status or progress.

2. Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.

3. The conduct has the purpose or effect of having a negative impact on the student's academic performance or of creating an intimidating, hostile, or offensive educational environment.

4. Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any district program or activity.

(cf. 5131 - Conduct)

(cf. 5131.2 - Bullying)

(cf. 5137 - Positive School Climate)

(cf. 5145.3 - Nondiscrimination/Harassment)

(cf. 6142.1 - Sexual Health and HIV/AIDS Prevention Instruction)

Examples of types of conduct which are prohibited in the district and which may constitute sexual harassment include, but are not limited to:

3.

4.

1.

2.

SEXUAL HARASSMENT (continued)

Unwelcome leering, sexual flirtations, or propositions

AR 5145.7(b)

Unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments, or sexually degrading descriptions

Graphic verbal comments about an individual's body or overly personal conversation

Sexual jokes, derogatory posters, notes, stories, cartoons, drawings, pictures, obscene gestures, or computer-generated images of a sexual nature

5.

6.

Spreading sexual rumors

Teasing or sexual remarks about students enrolled in a predominantly single-sex class

7.

8.

9.

Massaging, grabbing, fondling, stroking, or brushing the body

Touching an individual's body or clothes in a sexual way

Impeding or blocking movements or any physical interference with school activities when directed at an individual on the basis of sex

10. Displaying sexually suggestive objects

11. Sexual assault, sexual battery, or sexual coercion

12. Electronic communications containing comments, words, or images described above

Any prohibited conduct that occurs off campus or outside of school-related or schoolsponsored programs or activities will be regarded as sexual harassment in violation of district policy if it has a continuing effect on or creates a hostile school environment for the complainant or victim of the conduct.

Reporting Process and Complaint Investigation and Resolution

Any student who believes that he/she has been subjected to sexual harassment by another

student, an employee, or a third party or who has witnessed sexual harassment is strongly encouraged to report the incident to his/her teacher, the principal, or any other available school employee. Within one school day of receiving such a report, the school employee shall forward the report to the principal or the district's compliance officer identified in AR

1312.3. In addition, any school employee who observes an incident of sexual harassment involving a student shall, within one school day, report his/her observation to the principal or

SEXUAL HARASSMENT (continued)

AR 5145.7(c) a district compliance officer. The employee shall take these actions, whether or not the alleged victim files a complaint.

When a report or complaint of sexual harassment involves off-campus conduct, the principal shall assess whether the conduct may create or contribute to the creation of a hostile school environment. If he/she determines that a hostile environment may be created, the complaint shall be investigated and resolved in the same manner as if the prohibited conduct occurred at school.

When a verbal or informal report of sexual harassment is submitted, the principal or compliance officer shall inform the student or parent/guardian of the right to file a formal written complaint in accordance with the district's uniform complaint procedures. Regardless

of whether a formal complaint is filed, the principal or compliance officer shall take steps to investigate the allegations and, if sexual harassment is found, shall take prompt action to stop it, prevent recurrence, and address any continuing effects.

If a complaint of sexual harassment is initially submitted to the principal, he/she shall, within two school days, forward the report to the compliance officer to initiate investigation of the complaint. The compliance officer shall contact the complainant and investigate and resolve the complaint in accordance with law and district procedures specified in AR 1312.3.

In investigating a sexual harassment complaint, evidence of past sexual relationships of the victim shall not be considered, except to the extent that such evidence may relate to the victim's prior relationship with the respondent.

In any case of sexual harassment involving the principal, compliance officer, or any other person to whom the incident would ordinarily be reported or filed, the report may instead be submitted to the Superintendent or designee who shall determine who will investigate the complaint.

(cf. 5141.4 - Child Abuse Prevention and Reporting)

Confidentiality

All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action. (5 CCR

4964)

SEXUAL HARASSMENT (continued)

AR 5145.7(d)

However, when a complainant or victim of sexual harassment notifies the district of the harassment but requests confidentiality, the compliance officer shall inform him/her that the request may limit the district's ability to investigate the harassment or take other necessary action. When honoring a request for confidentiality, the district will nevertheless take all reasonable steps to investigate and respond to the complaint consistent with the request.

When a complainant or victim of sexual harassment notifies the district of the harassment but requests that the district not pursue an investigation, the district will determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students.

(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)

(cf. 5125 - Student Records)

Response Pending Investigation

When an incident of sexual harassment is reported, the principal or designee, in consultation with the compliance officer, shall determine whether interim measures are necessary pending the results of the investigation. The principal/designee or compliance officer shall take immediate measures necessary to stop the harassment and protect students and/or ensure their access to the educational program. To the extent possible, such interim measures shall not

disadvantage the complainant or victim of the alleged harassment. Such Interim measures may include placing the individuals involved in separate classes or transferring a student to a class taught by a different teacher, in accordance with law and Board policy.

The school should notify the individual who was harassed of his/her options to avoid contact with the alleged harasser and allow the complainant to change academic and extracurricular arrangements as appropriate. The school should also ensure that the complainant is aware of the resources and assistance, such as counseling, that are available to him/her. As appropriate, such actions shall be considered even when a student chooses to not file a formal complaint or the sexual harassment occurs off school grounds or outside school-sponsored or school-related programs or activities.

Notifications

A copy of the district's sexual harassment policy and regulation shall:

1. Be included in the notifications that are sent to parents/guardians at the beginning of each school year (Education Code 48980; 5 CCR 4917)

(cf. 5145.6 - Parental Notifications)

AR 5145.7(f)

SEXUAL HARASSMENT (continued)

5.

6.

2.

(cf. 1113 - District and School Web Sites)

(cf. 1114 - District-Sponsored Social Media)

3.

A copy of the district's sexual harassment policy and regulation shall be posted on district and school web sites and, when available, on district-supported social media.

Be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session (Education Code 231.5)

4.

Be displayed in a prominent location in the main administrative building or other area where notices of district rules, regulations, procedures, and standards of conduct are posted (Education Code 231.5)

Appear in any school or district publication that sets forth the school's or district's comprehensive rules, regulations, procedures, and standards of conduct (Education

Code 231.5)

Be included in the student handbook

Be provided to employees and employee organizations

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